AOS for Canadians

[angelcakes 0]

Hi everyone,

Firstly, thank you to all of you for documenting your individual cases in such detail. It is very useful to be able to look at cases side by side and anticipate what I might eb about to go through.

My husband and I will have been married two years this coming June. We were married in my home town, Vancouver BC Canada. My husband has spent a lot of time here in Canada. I'm finishing up my BA very shortly, and it looks like we will be heading down to Los Angeles to stay for a while - not sure how long, could be six months, a year - ten years. He's very homesick and has been very patient and supportive in my finishing my degree, so I'd really like to get him back with his other friends and family as soon as I can.

I've been looking at K3/AOS. What is likely to happen is that I will apply for AOS. The reason for this is as simple as that neither of us can really stomach being apart for some indeterminate amount of time. I have an illness that stress can aggravate if I were to be upset about this (it truly would have a big impact not to have my best friend and husband there with me every day) and so we are thinking that at most there may be about four weeks apart, largely consisting of time spend wrapping up affairs in Vancouver as well as negotiating circumstances for our living in Los Angeles.

My question is that since Canadians are not required any visas to travel in the US for at least three months (is it six like Canada? I can't seem to find this information) do I just file for AOS once I am there?

If I have applied for AOS and am in the US conditionally, may I apply to work while waiting?

Finally, is there any way to emphasize to USCIS that being separated from my husband will have adverse affects on my health? This can be documented by my doctor at a hospital outpatient clinic I have been seeing for three or four years, so I'm not worried about demonstrating evidence or anything - I just need to know if there is an extra submission, extra form, or even if this is possible.

I know that in immigrating to Canada, there is a special exception that can be made if keeping one from their loved one could put them in a potential harmful situation. I'm kind of looking for an analogue in the USCIS information.

Thank you in advance for your helpfulness. I anticipate I'll be able to return the favor later on.

Best,

Cakes

[Inky 1,110]

Hi everyone,

Firstly, thank you to all of you for documenting your individual cases in such detail. It is very useful to be able to look at cases side by side and anticipate what I might eb about to go through.

My husband and I will have been married two years this coming June. We were married in my home town, Vancouver BC Canada. My husband has spent a lot of time here in Canada. I'm finishing up my BA very shortly, and it looks like we will be heading down to Los Angeles to stay for a while - not sure how long, could be six months, a year - ten years. He's very homesick and has been very patient and supportive in my finishing my degree, so I'd really like to get him back with his other friends and family as soon as I can.

I've been looking at K3/AOS. What is likely to happen is that I will apply for AOS. The reason for this is as simple as that neither of us can really stomach being apart for some indeterminate amount of time. I have an illness that stress can aggravate if I were to be upset about this (it truly would have a big impact not to have my best friend and husband there with me every day) and so we are thinking that at most there may be about four weeks apart, largely consisting of time spend wrapping up affairs in Vancouver as well as negotiating circumstances for our living in Los Angeles.

My question is that since Canadians are not required any visas to travel in the US for at least three months (is it six like Canada? I can't seem to find this information) do I just file for AOS once I am there?

If I have applied for AOS and am in the US conditionally, may I apply to work while waiting?

Finally, is there any way to emphasize to USCIS that being separated from my husband will have adverse affects on my health? This can be documented by my doctor at a hospital outpatient clinic I have been seeing for three or four years, so I'm not worried about demonstrating evidence or anything - I just need to know if there is an extra submission, extra form, or even if this is possible.

I know that in immigrating to Canada, there is a special exception that can be made if keeping one from their loved one could put them in a potential harmful situation. I'm kind of looking for an analogue in the USCIS information.

Thank you in advance for your helpfulness. I anticipate I'll be able to return the favor later on.

Best,

Cakes

You should probably post this in the canadian forum you would get more help.

No you cannot work while waiting for a green card. No you cannot just cross the border and apply for AOS you have NOTHING to adjust from. If you enter and then try to apply for AOS its likely you will be rejected application or even denyed and asked to leave the country.

You should apply for CR-1/IR-1 and attach a waiver for hardship due to health reasons.

As I said if you go into the canadian forum you will find more help on this.

http://www.visajourney.com/forums/index.php?showforum=93

[angelcakes 0]

Ack! There are a lot of forums here, and somehow I did not see that one. Thank you very much for your advice and referring me there!

Mods, can you move this thread or should I repost?

Thanks again.

- Cakes

[Inky 1,110]

Ack! There are a lot of forums here, and somehow I did not see that one. Thank you very much for your advice and referring me there!

Mods, can you move this thread or should I repost?

Thanks again.

- Cakes

You can always just repost the question there too!

Look into direct consular filing since your in canada you can have that option! sometimes it can be faster as well if you do DCF and you can get your green card faster this way as well.

[Kathryn41 3,205]

I'll move it for you in the meantime:-).

[ashenflowers 5]

Inky's already given you the basics, and I agree with them.

When you say 'very shortly' what do you mean, in terms of moving and finishing your BA? 2 months, 6 months, etc?

I personally would suggest going the DCF route. I would NOT suggest just moving down there and filing AOS. You have no status to adjust from, as Inky mentioned. I don't know exactly how it would work, since you are already married, but I'm pretty sure it's a form of fraud somehow (someone will correct me if I'm wrong), and could result in a ban. Just a warning.

If you would try to pull the card of stress-induced illness you would definitely need documentation.

I'm sorry about your situation with feeling the need to have your spouse ALWAYS there, otherwise it turns into an issue... but as I said, I personally think would probably be better off both staying in Canada for a little while longer and filing via DCF. I have heard that it is faster than other visas, so you might be looking at 6 months or so. BUT you would be able to stay together in Canada in the mean time, just as you are now.

Someone with more experience can give you more information on that, but here's a start http://www.visajourney.com/forums/index.ph...om&page=dcf

Edited October 26, 2009 by ashenflowers

[MapleLeafBaby 1]

Ashenflowers is correct...you cannot come to the US and try AOS, you have nothing to adjust from (not to mention, being FULLY honest at POE, it would be a very fortunate situation to be granted entry, knowing full well you are not visiting and intend on staying)...you can try, but will likely be denied, and there is no appeal. If it were that easy, all of us would not have bothered with Visa's and months apart, gotten hitched and stayed...doesn't work that way. As you seem to not want to be apart, your best route would be a DCF...but you will have to show domicile (or your husband will) in order to apply this way. I suggest reading up on the guides, before you guys make any major decisions that will impact your situation greatly.

Good luck