My wife is visiting from Canada (we were married in May, 2012 and have been living apart since), she did not get an I-94 approval because it is not required I am told by USCIS when she entered the country this time. We are now starting the process to get her to the U.S. We are filling out her I-130, I-485 and the other documents such as Affidavit of Support and I-131 as well, to send what they call the "Adjustment Package". USCIS said to go this route because she is in the U.S. currently, but she will be going back home in August. What does she need to do to not get a banned while our packet for her is being processed? Also, does she put her Canadian address or mine on her G-325A? USCIS told her mine for the I-485 since she is here right now. Thank you for any info!
Intellectual Property Law Attorney
A petition and application may be filed concurrently when there is a visa number immediately available at the time of filing. Concurrent filing is always allowed for all immediate relatives of a United States citizen, since there are no numeric limitations in this category. However, in some categories, even if there is a visa number available at the time of filing, concurrent filing is not allowed as the intending immigrant must have an approved basis of eligibility (i.e. an approved petition) before being allowed to file for adjustment of status. For more information on if you can file concurrently, refer to the instructions on your immigrant petition:
This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms . I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundaiton. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin.
Generally speaking after filing the I-130/I-485 package your wife will not be able to return to Canada once the paperwork has been filed. If she leaves the country she is deemed to have abandoned her application and the case will be denied. So if she has to return to Canada in August your best bet is to hold off on filing the paperwork. I would also urge you to consult with an attorney about the I-94 issue.
If she leave the U.S. without a valid advanced parole, USCIS will consider that she abandon her AOS application.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.