adjustment of status or consular processing?

This is a discussion on adjustment of status or consular processing? within the Family-Sponsored Visas forum, part of the IMMIGRATION LAW category; July 29th 2012 Hi, My wife is an American citizen born and raised in Nevada and lived there until 2005, ...

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Old Jul 29th, 2012, 02:27 PM   #1
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Default adjustment of status or consular processing?

July 29th 2012
Hi,
My wife is an American citizen born and raised in Nevada and lived there until 2005, when she moved with me in Canada. I'm a Canadian citizen born and raised and lived in Canada all my life. We got married in Canada in 2006 and had a child together that same year. We have been living in Canada since then, my wife has her permanent residency since 2007 and is waiting for her citizenship which papers were filed out 3 months ago.
We are thinking about moving to Florida. We are planning a trip to Florida in December of this year to see what kind of life we would have there. Should we decide to live there, what is the best way for me (and our son) to get our green cards?

While I’m in Florida for my vacation and should decide to live there, could I ask for an adjustment of status even though we got married before AND in Canada?
OR
Should I come back to Canada after our vacation and go through consular processing while in Canada?


If I go through consular processing from Canada, will I be able to visit my in-laws in United-States with K-3/K-4 nonimmigrant Visas?
Does my wife have to be in United-States to sponsor me?

I'm confused...! Thank you for helping
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Old Jul 29th, 2012, 03:34 PM   #2
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Default re: adjustment of status or consular processing?

I wish to inform you that you can go to USA and live in Florida. You can initially stay in USA as a tourist. If you feel you can stay in USA then you can adjust your status. You may further carry evidence of you being a tourist so that you are not held liable for visa fraud. The U.S. citizen spouse will file a form known as "Petition for Alien Relative" with the USCIS, petitioning for the Canadian spouse to become a U.S. permanent resident. As part of the petition, the U.S. citizen will also have to sign an affidavit of support.

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Old Jul 29th, 2012, 05:37 PM   #3
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Thank you so much! One question.... What do you mean by carry evidence of being a tourist...?
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