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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28187
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am a US citizen marrying a Canadian permanent resident in

Customer Question

I am a US citizen marrying a Canadian permanent resident in Canada next week. Then we plan to apply for a spouse visa. He wants to come here to meet my family when he gets the visa. Then he will apply for a greencard and apply for an advanced parole so
he can wait for his greencard while we plan to live in Hong Kong from mid 2016-mid 2017. Priorities include him being able to come here to meet my family for a week and being able to leave the country while still in line for green card and not being in the
country for too long unable to work. What do you think of this timeline and idea?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
It doesn't work because a spousal petition does not give him any permission to enter the US while waiting for approval and processing.
The right way to do this is for him to enter BEFORE the marriage to meet your family.
At that point he is not an intending immigrant because you are not married and nothing has been filed.
Once you file that petition he waits in Canada. The border inspectors have gotten very mean about letting in a spouse of a US citizen believing they will not leave and are intending to immigrate. Once a petition is filed that intent is rock solid.
I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith
Customer: replied 1 year ago.
What about if we are fine with waiting for him to come here until he gets the spouse visa, in seven month or however long that takes and meeting them then?
Expert:  Judith replied 1 year ago.
That is fine. You go to Canada and come back her without him and file the I-130 and you can if you want file for the K3 which will cut the time by about 3 months.
Judith
Customer: replied 1 year ago.
Should we file in Canada or US?
Expert:  Judith replied 1 year ago.
You cannot file in Canada. All immigration filings must be done in the US with the service center.
http://www.uscis.gov/sites/default/files/USCIS/Resources/A1en.pdf
That link will give you guidance on how to proceed. It is very comprehensive in answering procedural questions.
I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith
Customer: replied 1 year ago.
Does he have to file something in canada, too?
Expert:  Judith replied 1 year ago.
Not until the petition is approved and then he will get instructions from the National Visa Center.
Your original question was about him visiting and living in HK until his immigrant visa was approved:
What do you think of this timeline and idea?
I answered that question very thoroughly. I went beyond it in an effort to give you good service. Now we are getting way beyond the original question and getting into matters of the process for his immigrant visa.
The site does offer a subscription service where you can post new questions at no additional charge. Experts rely on you rating an answer to be paid and then move onto the next issue with a new question thread.
I am happy to continue to be your personal expert but you will need to begin new question threads and rate those answers, as well.
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

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