South Lyon, MI Immigration Law Firms & Lawyers

If he is a U.S. citizen and you are in the U.S. then you should file both the I-130 and I-485 to adjust status. Once these are filed you can't leave until you have your travel document (advance parole). You may want to get legal guidance throughout the process as there are landmines. You can leave with the I-130 pending but then you may be remaining in Canada until the process is complete 8-12 months.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. You may be eligible to file without your husband's signature and/or may qualify under VAWA. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and make sure that the necessary paperwork and documentation is presented so as not to delay the process.

Dual intent means just that – even if there is an intent to immigrate to the US, the applicant can still obtain a nonimmigrant visa to enter the US. I do not see any different result just because you will not be getting the visa until after you are married. Dual intent is afforded those on H-1B and L visas. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.