Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I need to speak to a lawyer about whether it's possible for…

I need to speak...

I need to speak to a lawyer about whether it's possible for my Canadian wife to visit me (a US citizen) in the US while we are waiting for her I-130 to process

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Not yet

Lawyer's Assistant: Have you talked to a lawyer about the green card?

Yes, but I haven't retained anyone....

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that was my only question

Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 5 minutes by:
3/21/2018
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,390
Experience: Write FOR JAMES to get my help!
Verified

Hello! My name is***** have over 12 years of legal experience. Please allow me some time to review your question.

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago
OK

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: It is possible and she is eligible to do so, as long as her intent when she enters the US is not to adjust her status and stay in the US. Logically, the challenge is convincing the officer that she does not have immigrant intent when she has an I-130 on file.

Unfortunately, there is no checklist or specific regulations or laws that she can se as a guide to help her make a convincing argument. But it is important to be able to show strong ties to Canada so satisfy the officer that she does not have immigrant intent/that she has motivation to leave and not remain. To that end, she should have with her evidence of property ownership, strong ties to family and community, evidence of a job she will returning to, etc. Anything that ties her to Canada she should be ready to show an officer who asks for it.

Ultimately, the officer has the discretion to allow her entry or not.

I hope that answers your questions.

▼ RATING REQUIRED! ▼ Please remember to click on 4 or 5 stars (★★★★) on your computer screen. This is important because this is how I get credit for doing my job.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago
OK thanks, ***** ***** need to apply for a visitor (B-2) or K-3 visa before attempting to enter the US?

Have you file the I-130 already?

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago
No, but by the time she attempts to enter the US in April, we will have filed the I-130.

OK, give me a moment to answer your last question.

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago
No problem.

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

ANSWER: If the goal is for her to visit, and she is a Canadian national without any immigration violations, then she does not require a B-2 visa.

As for the K-3 visa, is was created to bring families together while the I-130 was taking a very long time to process in the past. These days, the K-3 is taking a long time to process as well, so it is highly unlikely that it will be processed and issued by the time the I-130 is approved. Moreover, there is no way it will be processed by April so she wouldn't be able to use it then anyway.

Please give me credit for doing my job by clicking on those 5 stars. You can still ask follow up questions after you’ve done that.

Thank you!

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago
OK then it's perfectly fine for her to attempt to cross the border into the U.S. with no visa of any kind?
I just want to make sure we don't do anything to jeopardize her I-130 or right to U.S. permanent residency.

Based on what you've told me, she is only coming for a visit. Therefore, she does not require a visa: https://ca.usembassy.gov/visas/do-i-need-a-visa/.

I hope that clears things up. Please do not forget that positive rating now. You can still ask follow up question, but rating me now ensures that you do not forget to give me credit for doing my job today. Thank you in advance.

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago
ok thanks, ***** ***** get a transcript of this chat?also, how long is it taking right now to process I-130's and then the subsequent permanent residency?these are my last questions

You'll have to copy/paste the chat contents. There is no way for me to provide that to you from my end. You might check your email as well.

It's taking 4-8 months, depending on where the case is reviewed.

Permanent residency is automatic if she enters the US with her immigrant visa. It takes about another 2 months to complete the immigrant visa process.

Please do not forget that positive rating now. Thank you.

Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,390
Experience: Write FOR JAMES to get my help!
Verified
Expert James and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Expert James Your Own Question
Expert James
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,390
13,390 Satisfied Customers
Experience: Write FOR JAMES to get my help!

Expert James is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

50,990 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
I'm wondering if there's a quicker way to shorten separation
Hi Pearl, I'm wondering if there's a quicker way to shorten separation time with my wife than a K3 application? Thanks. … read more
Jen Marie, Esq.
Jen Marie, Esq.
Immigration Attorney
Juris Doctor
6,820 satisfied customers
I am a US Permanent Resident and Citizen of Spain. In April,
Hi, I am a US Permanent Resident and Citizen of Spain. In April, I married my Spanish girlfriend in the US (while she was visiting). I am a college professor, and I am on sabbatical leave in Spain, li… read more
Jen Marie, Esq.
Jen Marie, Esq.
Immigration Attorney
Juris Doctor
6,820 satisfied customers
I have a couple of questions please: 1) I have already
Hi. I have a couple of questions please: 1) I have already submitted a i-130 application for my wife. It is taking very long. However, we don't want to jeopardize our process. But we would like to req… read more
Jen Marie, Esq.
Jen Marie, Esq.
Immigration Attorney
Juris Doctor
6,820 satisfied customers
I am a Canadian citizen and living in Canada with my
Hello my name is***** am a Canadian citizen and living in Canada with my American wife Rebekah who now has permanent residency in Canada. We were married in the USA November 2015. We would like to eve… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My wife and I live in Ecuador. WE have been married for 16
My wife and I live in Ecuador. WE have been married for 16 years. My wife receives my wife's share of my railroad pension. We have applied for a green card via submitting the I-130 form and G-325A. My… read more
Expert James
Expert James
Lawyer
Doctoral Degree
13,390 satisfied customers
My mom has a valid B1/B2 visa and her I130 has been approved
My mom has a valid B1/B2 visa and her I130 has been approved for processing. I have not pursued the steps for processing th I130 yet. Can she still come here to visit and can we continue the processin… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
Hi, I am a U.S. citizen and would like to know how long
Hi, I am a U.S. citizen and would like to know how long does it take to sponsor my father and mother to get their U.S. residency. They are from Lebanon. Any special requirements? Thanks, Mazen… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
Hi! I am a Green Card holder trying to bring my wife to the
Hi! I am a Green Card holder trying to bring my wife to the US. I've filed I-130 and expect approval in ~3 months. I'll apply for US citizenship in October and assuming approval April next year. What'… read more
Franklin
Franklin
Immigration Attorney
621 satisfied customers
I am a Canadian citizen, married last year to a USA citizen.
I am a Canadian citizen, married last year to a USA citizen. I am presently back in Canada while my wife stays at our residence in Alabama. I have been advised that if I apply for a green card I would… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
i am canadian on i-94 visiting my us citizen girlfriend in
i am canadian on i-94 visiting my us citizen girlfriend in North carolina,i was here 3 months, she asked me to marry her, can i marry her in the us ,apply for green card and remain here until i get an… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
my wife came here illegally in july 2005 and we were married
my wife came here illegally in july 2005 and we were married in december 2005. we have 2 kids together. i was told by lawyers in the past that there isn"t anything we can do to make her legal until th… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
i am a us citizen. i went to ghana and got married to my girlfriend. i came back to the us
i am a us citizen. i went to ghana and got married to my girlfriend. i came back to the us and started filing for i130. i realized this process would take 6-9 months! so i ask her to apply for b1/b2 v… read more
Alex J. Esq.
Alex J. Esq.
Managing Attorney
Doctoral Degree
2 satisfied customers
I am a retired dual citizen, living in Canada 6 months per
I am a retired dual citizen, living in Canada 6 months per year and Arizona 6 months. I wish to submit an I-130/ 485 for my Canadian wife this coming Spring, after being in AZ for 3 months. Please tel… read more
Expert James
Expert James
Lawyer
Doctoral Degree
13,390 satisfied customers
Hi Im Allan and Im a permanent resident of US (greencard).
Hi I'm Allan and I'm a permanent resident of US (greencard). I got my greencard 2005 and then I went back to the philippines to marry my wife. After we get married I went back to US to petition her to… read more
Expert James
Expert James
Lawyer
Doctoral Degree
13,390 satisfied customers
US citizen & want to bring wife to the US. She is Canadian
US citizen & want to bring wife to the US. She is Canadian resident who visited the US few times on visitor visa. When I had a green card I filed her I-130 few years ago. During a process I had a son … read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,849 satisfied customers
hi there. My nanny is a filipino. we live in Canada and she
hi there. My nanny is a filipino. we live in Canada and she is here on the live-in caregiver program. She is 15 months into her 24 month program. After she completes 24 months in Canada, she can apply… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,849 satisfied customers
My wife and I were married in January of 2007 in the U.S.
My wife and I were married in January of 2007 in the U.S. My wife is a Canadian citizen and I am a U.S. citizen. We have filed an I130 (immigrant petition for relative) an I485 (application to registe… read more
Rebecca White
Rebecca White
Partner
J.D.
770 satisfied customers
We plan to file our I-130 form this month. We are ...
We plan to file our I-130 form this month. We are not sure if we should also file the I-864 (affidavit support) form, the I-485 (adjust. status), and the I-765 (employ. author) form at the same time. … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x