Needles, CA Immigration Law Firms & Lawyers

There's no need to file a new Form I-130 petition. If the beneficiary of an immigrant petition is already here in the United States and is eligible to adjust status, what he/she can do is notify the National Visa Center that he/she is in US and will adjust status here. The NVC will stop processing the consular visa application and transfer the file back to USCIS so the applicant can file for adjustment of status application. I strongly recommend that you consult an immigration attorney.

If your wife is a US citizen, she can sponsor you for US permanent residence at any time. Since the I-130 relative petition and consular processing take approximately a year, she could begin sponsoring you about a year prior to your planned date of settling in the States. You would eventually interview for the immigrant visa at the American consulate in Montréal at which time your wife would have to show ability to support you financially. If not, she could have a cosponsor such as a relative or friend in the US guarantee your ability to live here permanently without becoming a public charge. I also note that your wife will have to demonstrate domicile in the US which can be shown by property, a record of voting, payment of taxes, job or promise of the job, etc.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.