Can I file I-130 and I-485 concurrently as a visiting Canadian spouse? 5 Answers as of September 12, 2014

I am a Canadian citizen, I am married to a US citizen (Veteran) and I am in the states legally as a visitor (Canadians don't need visas to visit if their stay is less than 6 months). My question is I am going to file my i-130 while I am here, but I was wondering if I have the ability to file the i-485 concurrently to adjust my status and have the ability to stay here instead of having to return before the 6 month period? The end goal is to live together and create the least amount of time a part possible. I understand that I am not able to work under this condition, hence why it would be beneficial to start this process sooner than later. Thanks for the help!

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Law Offices of Linda Rose Fessler | Linda Fessler
You must return home.
Answer Applies to: California
Replied: 9/12/2014
Nouri Law Corporation
Nouri Law Corporation | Faith Nouri, Esq.
If you are a Canadian and you are married to a US citizen and you are in compliance with our law, you could apply here and adjust your status here. However, once you file for your adjustment of status, you can not leave the country until you are adjusted. If you leave, you lose the adjustment application and the fee you have submitted with that application.
Answer Applies to: California
Replied: 9/11/2014
Coane and Associates
Coane and Associates | Bruce Coane
A citizen of Canada is treated the same as all others when it comes to form I-485. So, when married to a USA citizen, the foreign national can generally stay here while the forms are being processed for permanent residence.
Answer Applies to: Texas
Replied: 9/11/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Yes. You can file both at the same time. But there could be issues with preconceived intent. Be careful. Consult with a very experienced immigration lawyer.
Answer Applies to: California
Replied: 9/11/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The issue will be your intent when you entered the United States. Without discussing the matter in more depth I cannot assess whether you should file a Form I-485.
Answer Applies to: New York
Replied: 9/11/2014
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