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Immigration Issues/Odd Spousal Immigration Situation


I am a Canadian Citizen living and working on an H1-B visa in Seattle, WA. My fiancee is a dual Canada and US citizen living in Canada finishing her Ph.D. We are getting married and then moving to Baltimore, MD in the next few months. I want to file for my US permanent residency based on marriage to her. I want to know if it is more advantageous (time-wise) to file for Adjustment of Status after we move to Baltimore, or if we should apply for Direct Consular Filing through the Vancouver or Calgary US Consulates? If Direct Filing is an option is it possible for me to enter the US again and continue on my H1-B status? I plan to remain employed with the same employer, so valid H1-B status is possible. I know this is possible for people who have filed an I-485 in general, but I was not sure for people filing an I-130 outside the US. This is an odd situation since the US citizen is living in Canada, but the Canadian is living in the US, so we arent too sure how to proceed.
Thank you very much

That is indeed the question!  In theory consulate applications are faster.  But I don't trust them because they can often be very capricious.  ON the other hand in state applications are becoming faster, and while you wait you get a temporary work authorization.  I prefer the adjustment of status approach for my clients, but I go both ways sometimes.

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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