What can I file to get my husband to visit US so he can file for I-130?

You file the I-130 on his behalf regardless of where he is. If he is in the US, he can also file the adjustment of status application. If he is in Canada and will go through consular processing, you will need to file the I-130 and once it is approved, it will be forwarded to the consular stage for visa processing.

You would be best served by arranging for a consultation with an experienced Immigration Attorney who can guide you correctly. Many, like myself, will even do these over the telephone to accommodate clients. Immigration Law is Federal so anyone can help you.

Your husbands presence in United States is not necessary if you want to file his Form I-130. In fact, most citizens file petitions for their relatives while they are overseas. You can go ahead and file his I-130 now directly with CIS. Processing time for adjudicating I-130 by US citizens for immediate relatives is about 8 months. Once approved, National Visa Center will contact you to proceed to the next step which is for him to apply for and be interviewed for his immigrant visa [green card] at one of the US visa posts in Canada. Conversely, he may temporarily enter the US as a VWP Visa Waiver Program. It does not require a visa for maximum duration of stay 90 days]. While in US under VWP, you may concurrently file his I-130 with his Form I-485-485 green card].The whole processing time for this procedure takes no more than 6 months or less since the I-130 and I-485 [green card] are filed and adjudicated concurrently. Although, this is obviously a faster alternative, there are attendant risks that you must carefully evaluate. I strongly advise you to consult with an attorney in greater detail regardless of any of the options you decide.

Your understanding is incorrect you can file I-130 petition regardless of your husband's current location. You might prefer to file it when he will be in the U.S. because, if you file it while he is outside the U.S., he might be unable to even visit the U.S. until the petition is approved and the immigrant visa is issued. Generally, Canadian citizens do not need a visa to enter the U.S. - they can enter the U.S. on a visa waiver program. However, every person who asks for a temporary admission to the U.S. must prove that he/she does not intend to stay in the U.S. as an immigrant (this is called "not having an immigrant intent"); once you file an I-130 immigrant petition, your husband's file will reflect that he does, in fact, intend to become an immigrant in the U.S. If he tries to enter the U.S. on a visa waiver, or requests a visa, the chances are that he will be denied admission. You have several options. First, you can file I-130 petition while your husband is outside the U.S. USCIS will process your petition within about 9 months. When the petition gets approved, it gets transferred to the National Visa Center of the Department of State. After reviewing the case, NVC will send you a letter asking for certain forms and visa fees. When you satisfy all the requirements of the NVC, the case will be sent over to the U.S. Embassy/Consul General in Canada; and your husband will be invited for a consular interview. If all goes well, he will get his immigrant visa and enter the U.S. as a permanent resident in about 1 year. Second, after filing I-130 petition, you can file an application for a "fiance" visa K3. Processing time for this application is about 8-9 months. Basically, the process is quite similar to the one I described above, but your husband can get to the U.S. several 3-5 months faster and obtain permanent resident status here through a process known as adjustment of status. (This option will cost you about $800 more than the first one.) Technically, your husband could enter the U.S. on a visa waiver - with your filing I-130 petition and your husband's application for adjustment of status when he would be already here. This would shave $340 off the filing fees, and your husband would be with you without a year+ wait (he would have to wait about 3 months for work authorization, though). I would not advise you to use this option: although it can be done, it involves deceiving the U.S. Government: when you husband would enter on a visa waiver, he would be representing that he does not intend to immigrate to the U.S.; if you file for his permanent resident status right after his arrival, it will clearly show that he lied about his intentions. Nobody likes liars; U.S. Government is no exception. Your attorney would know the tricks that would help you avert the Immigration's ire; but I believe it's better not to cause it in the first place. If there are reasons why you cannot wait a year for your husband's coming to the U.S., discuss them with your attorney so he/she could offer the best solution.

Your husband need not be in the United States in order for you to file Form I-130 petition. You probably read about adjustment of status, which is the green card application process for applicants in the United States. You should file the Form I-130 petition with USCIS and once it is approved, it will be sent by USCIS to National Visa Center for the consular processing of the visa application. After completing the process at the NVC, it will then schedule your husband's interview at the proper embassy or consular office in Canada.

You can file the I-130 while he is out of the country. In fact, if you intend for him to stay here permanently you should not have him enter the country on most temporary visas as this could lead to charges of immigration fraud.