Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration
No you cannot file for permanent residency and travel outside the US until the USCIS issues what is called an advance parole document.
It takes approximately 90 days for this to be produced because they have to conduct a FBI background check on you before approving your application for the parole document.
If you depart before having that issued then you abandon your adjustment application and once that is filed it shows you have an immigrant intent and the CBP will not allow you to enter the US until your immigrant visa
is processed in Canada. That will take up to 10 months and you will be separated unless your spouse goes to Canada.
This is no different than how it is in Canada so the US is not unusually harsh.
If you want residency you either will have to stay here, file for adjustment of status and wait here for the parole.
Or leave, return to Canada and remain there awaiting your immigrant visa to return.
There are limited options, I am sorry to tell you.
If you decide to file I will provide you information on what needs to be sent and links to information you should read.
Here is what you will need: Find instructions for each here:
I-130 Immigrant Petition (signed by US citizen spouse)I-485
Application for Adjustment of Status (signed by alien)
I-765 Employment Authorization Application (signed by alien)
I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card
G-325A Biographic Sheet (one for alien and one for their spouse)
A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
I-864 Affidavit of Support
Two passport sized photos of spouse
Six passport size photos of alien
Copy of alien’s passport including all blank pages and I-94
Copy of US citizen birth certificate, natz cert or passport
Copy of spouse's birth certificate
Copy of any divorce decrees
Copy of marriage certificate
One check for the I-130 in the amount of $420
One check for the I-485/765/131 in the amount of $1,070
The packet get filed at the PO box on Page 6 of the instructions
You can read about the process at this site
Conditional Resident status is granted for 2 years. You and your spouse have to file a joint petition to remove this conditional status within 90 days of the 2nd anniversary date of the adjustment approval.
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