If I’m an American citizen and just got married to a Canadian citizen, can I file for an I-130 and I-485 for adjustment of status?

UPDATED: Sep 11, 2013

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If I’m an American citizen and just got married to a Canadian citizen, can I file for an I-130 and I-485 for adjustment of status?

We got married in Canada. After we got married she came to visit me in America as a Canadian visitor.

Asked on September 11, 2013 under Immigration Law, Georgia


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 9 years ago | Contributor

Hello. It may be possible to file for both. I urge you to have attorney guidance and counsel through the process. Your posts raises areas of great concern. Generally: Hello. Do contact a private attorney who will be happy to help you. Immigration and Visa law is federal law, so any knowledgeable licensed attorney may assist you. You may phone my law firm on Saturdays and Sundays, as well as weekdays. This website provides general information and general principles of law and does not provide private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.




Tricia Dwyer, Esq & Associates PLLC


Phone: 612-296-9666


365 Days of the Year until 8 p.m. daily






Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

Yes, you can file for both. However, you must be careful with any adjustment  filing when you are already married prior to entry as a tourist. There could be an "intent" issue that the USCIS may hold against her. We process many adjustments, if you have any further questions, feel free to call or email: Harun@ksvisalaw.com 858-874-0711.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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