Do I need to be in the USA for my husband to file my I-130? 11 Answers as of August 30, 2013

I have recently married on Aug 23rd, 2013. My husband currently lives in the USA and I live in Canada.

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Law Office of Rebecca White
Law Office of Rebecca White | Rebecca White
No, but you do need to plan carefully when it is filed depending upon your plans and needs over the next few months.
Answer Applies to: Washington
Replied: 8/30/2013
Law Offices of N.J. SAEH PC | Noel J. Saleh
No, your husband would file the I-130 & you would process the immigrant visa through thee U.S. Consulate.
Answer Applies to: Michigan
Replied: 8/30/2013
Hanna Legal, LLC
Hanna Legal, LLC | Jen Hanna
No, you do not need to be in the US for him to file the I-130. In fact, you should discuss your particular situation with an immigration lawyer if you decide to enter the US and have the papers filed while you're here, since entering on most temporary statuses with the intent to stay permanently can result in very serious problems.
Answer Applies to: Wisconsin
Replied: 8/30/2013
Nossa Law Office
Nossa Law Office | Pablo H Nossa
No, you do not need to be in the US.
Answer Applies to: Texas
Replied: 8/29/2013
Jakeman Shaklee Oliver, PS | Jonathan Shaklee
No, you do not need to be in the United States for your husband to file the I-130 petition.
Answer Applies to: Washington
Replied: 8/29/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You do not need to be in the U.S. for your husband to file an I-130 petition.
    Answer Applies to: California
    Replied: 8/29/2013
    Herrera & Juelle LLP | Carlos Juelle
    No. The I-130 is the first step toward receiving your lawful permanent residency. It can be filed whether you are in the US or in Canada. You should consider your timing in moving to the US, as it may be faster to file for Adjustment of Status in the US.
    Answer Applies to: California
    Replied: 8/29/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    No. You can do consulate processing in Canada.
    Answer Applies to: Michigan
    Replied: 8/29/2013
    Law Office of David Molot | David Molot
    No your Husband may file Form I-130, and you can obtain all the necessary documents for travel at your local US Embassy in Canada.
    Answer Applies to: New York
    Replied: 8/29/2013
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    No, you do not need to be in the US to file the paperwork for your husband. However, you will have to be prepared to explain as to why you live in Canada and your husband lives in the US.
    Answer Applies to: Florida
    Replied: 8/29/2013
    Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
    No, quite the contrary. Stay in Canada until you can come as a Lawful Permanent Resident. If you do come to visit on the visa waiver program, be honest with officers and leave when you are supposed to leave.
    Answer Applies to: Minnesota
    Replied: 8/29/2013
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