need advice on fastest process

[Delicia 1]

My husband and I went to an Infopass this morning to make some inquiries. The woman who talked to us was not very helpful or knowledgeable. I think she has experience with dealing with the work related visas and was clueless on the marraige based immigration. Anyway, here are our choices as far as I can tell and I am trying to determine which would actually be faster:

1) Continue on current path of IR-1 through Montreal. This would also require us to file a I-94 extension ($300) which may or may not be approved and if it was denied, husband would have to wait out the rest of the process in Canada. We have our NOA-2 and case number from MTL. I also got through to NVC last night and received the IIN so I can pay the fees online whenever I am ready. We have all our paperwork together except we are missing a translation of my husband's Chilean birth certificate which should be pretty easy to get here in Phoenix. After reading the new/improved shortcuts guide, I am thinking 1-2 months at NVC then 3-4 months waiting for a Montreal interview, for a total wait of ~6 months. End result = 10 year unconditional green-not green card.

2) Apply for AOS before my husband's current I-94 expires at the end of this month. No visa extension is required as the AOS implies extension. The upfront fees are the norm, $1010 and the fees for work authorization. The upside is that husband can wait here with me in U.S. while in process. I also couldn't get a clear answer from our Infopass appointment if this process would result in a 10 year greencard or a 2 year conditional greeencard as she didn't know.

If we started today, which process would be faster?

Thanks for your help.

[trailmix 77]

Wow that's a tough call. I think you have the potential timeline for the CR1/IR1 right. There can be hold ups at NVC (don't forget to send a photo copy of your Husband's Canadian PR card with your DS-230 btw - if you decide to go that route).

Also, as you already know from reading reviews, there can always be a hold up for additional checks after the interview.

Now the AOS, i'm not really that familiar with it. With an adjustment of status - is there no problem with that fact that he had immigrant intent before he arrived?

That said, my Sister applied last year for her Husband for AOS, they applied in July, he got his work authorization in Dec or Jan and interviewed in February and it was approved, so 7 months from application to approval.

Edited July 11, 2008 by trailmix

[Reba 2]

I would think that because he obviously had immigrant intent already, that an AOS application could potentially be denied, and with no avenue of appeal, he'd be deported and then you'd be back applying for Canadian immigration for yourself.

[Delicia 1]

Well, in talking with the semi-informed woman at CIS yesterday, she said that we definitely could go the AOS route since we have an approved petition already. We explained that he just 'happened' to be in the U.S. when the application was approved, which is technically the truth, and she had no problem with that. My husband is in the country legally and his original intent to apply for AOS after arrival was obviously not there since the I-130 was approved 4 days after he arrived in the U.S. Unless the U.S. can show my husband is psychic and knew the petition was going to be approved when it was, I don't think USCIS can make the fraud argument.

Thoughts?

We are leaning more towards the AOS process. Unfortunately, the guides on this forum are all geared for the K-1/K-3 types who have had interviews and medicals done prior to AOS, so we are trying to figure it out still.

[badspellor 0]

My husband is in the country legally and his original intent to apply for AOS after arrival was obviously not there since the I-130 was approved 4 days after he arrived in the U.S.

So he arrived 4 days before the I-130 was APPROVED? As soon as you FILE the I-130 you are showing that the individual has the intent of immigrating, and according to your timeline that was done 8 months prior to his arrival in the US. I think you'd have a difficult time persuing the AOS route and you risk having them deported and barred from the US permanently even for a visit. If you somehow still prefer AOS, I'd consult an experienced, reputable immigration lawyer as there's a lot at stake!

Unfortunately, the guides on this forum are all geared for the K-1/K-3 types who have had interviews and medicals done prior to AOS, so we are trying to figure it out still.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Edited July 11, 2008 by badspellor

[trailmix 77]

Well, in talking with the semi-informed woman at CIS yesterday, she said that we definitely could go the AOS route since we have an approved petition already. We explained that he just 'happened' to be in the U.S. when the application was approved, which is technically the truth, and she had no problem with that. My husband is in the country legally and his original intent to apply for AOS after arrival was obviously not there since the I-130 was approved 4 days after he arrived in the U.S. Unless the U.S. can show my husband is psychic and knew the petition was going to be approved when it was, I don't think USCIS can make the fraud argument.

Thoughts?

We are leaning more towards the AOS process. Unfortunately, the guides on this forum are all geared for the K-1/K-3 types who have had interviews and medicals done prior to AOS, so we are trying to figure it out still.

The whole intent thing is hard to say really isn't it. I mean, my BIL had been in the U.S. for 8 years on a NAFTA visa when they applied for his AOS - they had been to Canada the month before and then applied the next month - one would think that they could certainly have accused him of having immigrant intent when he entered the U.S..

It's such a gray area, but Reba brings up a good point - it is a gamble. Chances are it won't have a negative impact and chances are he won't get sent packing to the great white north - however, as she mentioned, it's a possibility so of course you have to ponder that a bit - which you obviously already have.

[Delicia 1]

My husband is in the country legally and his original intent to apply for AOS after arrival was obviously not there since the I-130 was approved 4 days after he arrived in the U.S.

So he arrived 4 days before the I-130 was APPROVED? As soon as you FILE the I-130 you are showing that the individual has the intent of immigrating, and according to your timeline that was done 8 months prior to his arrival in the US. I think you'd have a difficult time persuing the AOS route and you risk having them deported and barred from the US permanently even for a visit. If you somehow still prefer AOS, I'd consult an experienced, reputable immigration lawyer as there's a lot at stake!

Unfortunately, the guides on this forum are all geared for the K-1/K-3 types who have had interviews and medicals done prior to AOS, so we are trying to figure it out still.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Per the link:

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously

Note, an I-130 was submitted prior (very far prior). My argument was we were not intending to file AOS when he entered on this most recent visit. The approval of the previously submitted I-130 during the time that he was here as a vistor just made that option available. He was an admitted intending immigrant when he entered the country on his B1/B2 visa and was still allowed to enter.

[Flames9_RN 358]

Since your both together now, why not try and find a good immigration attorney and see what they have to say. Many offer free consults. So maybe see 2 or 3 different ones and see what they say. if they all say the same thing, its a good chance its workable. Best of luck

[Ontarkie 14,151]

Honestly, you have been asking around about him being able to AOS for some time now before he entered the US. You made it clear it was your intent to do it that way.

And I know thats not something that USCIS would know and it on you to prove he didnt have the intent, but I think your playing with fire.

You should continue with the cr1/ir1. But thats just my thoughts.

[Sprailenes 47]

Honestly, you have been asking around about him being able to AOS for some time now before he entered the US. You made it clear it was your intent to do it that way.

And I know thats not something that USCIS would know and it on you to prove he didnt have the intent, but I think your playing with fire.

You should continue with the cr1/ir1. But thats just my thoughts.

co-sign

[thetreble 19]

Hm.....no offense, but you are basically saying these things from what I gather:

a) I am sick of waiting and..

b ) I know what I am doing is illegal, but how can I make it look like it's legal?

That is just what I gather from this post. It doesn't matter if it wasn't you intent to apply for AOS because the facts are you already started out by applying for the I-130.

Why can't you just wait and why are you in such a hurry? I realize you want to be with your loved one but why are you trying to find a faster route when you already decided with CR-1. Maybe I am just a little confused here. Did you get married to him while he was on his B1/B2?

To answer your question about the green card it is conditional for two years.

Edited July 11, 2008 by thetreble

[Flames9_RN 358]

Im not certain on the whole story,but they had problems trying to immigrate to Canada, so this process has been going on for a few years

[Delicia 1]

I don't understand where you get that this is 'illegal.' Please provide links/documentation.

No, we did not get married while he was on a B1/B2. We have been married for almost 3 years and we were married in Ontario after I moved there (sheesh.. catch up) Additionally, a 10 year unconditional green card is available through the AOS process, per my conversation with CIS today.

I talked to CIS on the phone and the AOS option is definitely viable. There are no negative ramifications with this route any more so than staying with the IR-1 through Montreal route. Both have the same probability of being denied. Seriously, what is the difference between going the AOS route or him sitting here on a 6 month visa while the process finishes, finishing with him flying back to Montreal for only the purpose of an interview? The end result is about the same time frame for both, so timewise, we are not circumventing anything.

People seriously need to take a minute and step down off their soap boxes.

Good luck with figuring out what's for dinner.

Edited July 12, 2008 by Delicia

[Sprailenes 47]

You asked us for advice. Next time keep it to yourself.

You seem to have all the answers you want anyways.

Edited July 12, 2008 by Sprailenes

[Flames9_RN 358]

disregard!!! Not my problem, will just cease to post on this subject,lol

Edited July 12, 2008 by flames9