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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

I came in the US as a visitor since I am Canadian I do not need I-94 or visitor visa, my husband and I finally agreed to go ahead and filled for my AOS. We've been married for 7 years and we used to live in Canada together are the Lease for our apartment , bank statements and other documents enough to prove our marriage is real? He added me on on the new Lease in Kentucky can I also use that?

" It's called process because it takes time "

IR-1 / CR-1 Visa

Service Center : Vermont Service Center / Consulate : Montreal, Canada

I-130 Sent : 2009-01-26

I-130 NOA1 : 2009-02-03

I-130 Approved : 2009-03-13

NVC Received : 2009-03-21

Received DS-3032 / I-864 Bill : 2010-03-11

Pay I-864 Bill 2010-05-11

Receive I-864 Package : 2010-05-12

Return Completed I-864 : 2010-05-26

Return Completed DS-3032 : 2010-03-11

Receive IV Bill : 2010-05-12

Case Completed at NVC :2010-10-26

Packet 4 Received :2010-12-30

Interview Date : 2011-02-15

Interview Result :Approved!!!!

Visa Received :2011-02-18

US Entry :2011-03-25

Comments :

Processing

Estimates/Stats : Your I-130 was approved in 38 days from your NOA1 date.

Posted
I came in the US as a visitor since I am Canadian I do not need I-94 or visitor visa, my husband and I finally agreed to go ahead and filled for my AOS. We've been married for 7 years and we used to live in Canada together are the Lease for our apartment , bank statements and other documents enough to prove our marriage is real? He added me on on the new Lease in Kentucky can I also use that?

Hope you didn't do a K3!!! :bonk:

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
I came in the US as a visitor since I am Canadian I do not need I-94 or visitor visa, my husband and I finally agreed to go ahead and filled for my AOS. We've been married for 7 years and we used to live in Canada together are the Lease for our apartment , bank statements and other documents enough to prove our marriage is real? He added me on on the new Lease in Kentucky can I also use that?

Hope you didn't do a K3!!! :bonk:

Actually no we we're about to but we consulted a lawyer and was suggested to file a concurrent i-130 and i-485, I never intended to move and immigrate till recently. I was really scared to stay here because job security is really bad right now, especially about 8 years ago he lost his job and I have been the one supporting us in Canada. He found a job in Kentucky so I moved back to my mother's place until we can figure out what we can do. Even we can't believe that 7 years has gone by we've been so busy trying to maintain our lively hood and be able to pay for rent and food that's the reason why we took forever to decide where we want to live for good.

" It's called process because it takes time "

IR-1 / CR-1 Visa

Service Center : Vermont Service Center / Consulate : Montreal, Canada

I-130 Sent : 2009-01-26

I-130 NOA1 : 2009-02-03

I-130 Approved : 2009-03-13

NVC Received : 2009-03-21

Received DS-3032 / I-864 Bill : 2010-03-11

Pay I-864 Bill 2010-05-11

Receive I-864 Package : 2010-05-12

Return Completed I-864 : 2010-05-26

Return Completed DS-3032 : 2010-03-11

Receive IV Bill : 2010-05-12

Case Completed at NVC :2010-10-26

Packet 4 Received :2010-12-30

Interview Date : 2011-02-15

Interview Result :Approved!!!!

Visa Received :2011-02-18

US Entry :2011-03-25

Comments :

Processing

Estimates/Stats : Your I-130 was approved in 38 days from your NOA1 date.

Posted
I came in the US as a visitor since I am Canadian I do not need I-94 or visitor visa, my husband and I finally agreed to go ahead and filled for my AOS. We've been married for 7 years and we used to live in Canada together are the Lease for our apartment , bank statements and other documents enough to prove our marriage is real? He added me on on the new Lease in Kentucky can I also use that?

Hope you didn't do a K3!!! :bonk:

Actually no we we're about to but we consulted a lawyer and was suggested to file a concurrent i-130 and i-485, I never intended to move and immigrate till recently. I was really scared to stay here because job security is really bad right now, especially about 8 years ago he lost his job and I have been the one supporting us in Canada. He found a job in Kentucky so I moved back to my mother's place until we can figure out what we can do. Even we can't believe that 7 years has gone by we've been so busy trying to maintain our lively hood and be able to pay for rent and food that's the reason why we took forever to decide where we want to live for good.

I don't think you file a I-485 to adjust status. Loopks like it would be fraud. Where were you married?

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
I came in the US as a visitor since I am Canadian I do not need I-94 or visitor visa, my husband and I finally agreed to go ahead and filled for my AOS. We've been married for 7 years and we used to live in Canada together are the Lease for our apartment , bank statements and other documents enough to prove our marriage is real? He added me on on the new Lease in Kentucky can I also use that?

Hope you didn't do a K3!!! :bonk:

Actually no we we're about to but we consulted a lawyer and was suggested to file a concurrent i-130 and i-485, I never intended to move and immigrate till recently. I was really scared to stay here because job security is really bad right now, especially about 8 years ago he lost his job and I have been the one supporting us in Canada. He found a job in Kentucky so I moved back to my mother's place until we can figure out what we can do. Even we can't believe that 7 years has gone by we've been so busy trying to maintain our lively hood and be able to pay for rent and food that's the reason why we took forever to decide where we want to live for good.

I don't think you file a I-485 to adjust status. Loopks like it would be fraud. Where were you married?

We we're married in canada

" It's called process because it takes time "

IR-1 / CR-1 Visa

Service Center : Vermont Service Center / Consulate : Montreal, Canada

I-130 Sent : 2009-01-26

I-130 NOA1 : 2009-02-03

I-130 Approved : 2009-03-13

NVC Received : 2009-03-21

Received DS-3032 / I-864 Bill : 2010-03-11

Pay I-864 Bill 2010-05-11

Receive I-864 Package : 2010-05-12

Return Completed I-864 : 2010-05-26

Return Completed DS-3032 : 2010-03-11

Receive IV Bill : 2010-05-12

Case Completed at NVC :2010-10-26

Packet 4 Received :2010-12-30

Interview Date : 2011-02-15

Interview Result :Approved!!!!

Visa Received :2011-02-18

US Entry :2011-03-25

Comments :

Processing

Estimates/Stats : Your I-130 was approved in 38 days from your NOA1 date.

Filed: Timeline
Posted

You don't need to prove you have a valid marriage. You need to prove you did not come to the US with the intent to bypass immigration procedures. I'm going to move your thread to a forum where you'll receive some help with this.

Welcome to VJ, Greg&Hayz, and good luck!

iagree.gif
Filed: Citizen (apr) Country: Canada
Timeline
Posted

When did you move to the US? Because if you moved and came under a visitors visa, you cannot adjust status as you entered as a visitor with immigrant intent which is fruad

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
When did you move to the US? Because if you moved and came under a visitors visa, you cannot adjust status as you entered as a visitor with immigrant intent which is fruad

I did not move to the US, I came here last July to spend my birthday with my husband, I was just visiting my husband and since just moved here in KY for a job when he got his place he added me on the lease, he thought it was best my name is also on the lease since we are married. I purchased my plane ticket this past September back to Canada but canceled the ticket because I was told by our lawyer to just file the i-130 and i485 and to not leave until everything is done.

" It's called process because it takes time "

IR-1 / CR-1 Visa

Service Center : Vermont Service Center / Consulate : Montreal, Canada

I-130 Sent : 2009-01-26

I-130 NOA1 : 2009-02-03

I-130 Approved : 2009-03-13

NVC Received : 2009-03-21

Received DS-3032 / I-864 Bill : 2010-03-11

Pay I-864 Bill 2010-05-11

Receive I-864 Package : 2010-05-12

Return Completed I-864 : 2010-05-26

Return Completed DS-3032 : 2010-03-11

Receive IV Bill : 2010-05-12

Case Completed at NVC :2010-10-26

Packet 4 Received :2010-12-30

Interview Date : 2011-02-15

Interview Result :Approved!!!!

Visa Received :2011-02-18

US Entry :2011-03-25

Comments :

Processing

Estimates/Stats : Your I-130 was approved in 38 days from your NOA1 date.

Posted
When did you move to the US? Because if you moved and came under a visitors visa, you cannot adjust status as you entered as a visitor with immigrant intent which is fruad

I did not move to the US, I came here last July to spend my birthday with my husband, I was just visiting my husband and since just moved here in KY for a job when he got his place he added me on the lease, he thought it was best my name is also on the lease since we are married. I purchased my plane ticket this past September back to Canada but canceled the ticket because I was told by our lawyer to just file the i-130 and i485 and to not leave until everything is done.

Wish you luck but from what I know you will be denied adjusting status. You'll have to go thru the process for a IR visa.

I'd check with a different lawyer.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
When did you move to the US? Because if you moved and came under a visitors visa, you cannot adjust status as you entered as a visitor with immigrant intent which is fruad

I did not move to the US, I came here last July to spend my birthday with my husband, I was just visiting my husband and since just moved here in KY for a job when he got his place he added me on the lease, he thought it was best my name is also on the lease since we are married. I purchased my plane ticket this past September back to Canada but canceled the ticket because I was told by our lawyer to just file the i-130 and i485 and to not leave until everything is done.

Wish you luck but from what I know you will be denied adjusting status. You'll have to go thru the process for a IR visa.

I'd check with a different lawyer.

Thanks will do

" It's called process because it takes time "

IR-1 / CR-1 Visa

Service Center : Vermont Service Center / Consulate : Montreal, Canada

I-130 Sent : 2009-01-26

I-130 NOA1 : 2009-02-03

I-130 Approved : 2009-03-13

NVC Received : 2009-03-21

Received DS-3032 / I-864 Bill : 2010-03-11

Pay I-864 Bill 2010-05-11

Receive I-864 Package : 2010-05-12

Return Completed I-864 : 2010-05-26

Return Completed DS-3032 : 2010-03-11

Receive IV Bill : 2010-05-12

Case Completed at NVC :2010-10-26

Packet 4 Received :2010-12-30

Interview Date : 2011-02-15

Interview Result :Approved!!!!

Visa Received :2011-02-18

US Entry :2011-03-25

Comments :

Processing

Estimates/Stats : Your I-130 was approved in 38 days from your NOA1 date.

Filed: Citizen (pnd) Country: Canada
Timeline
Posted
When did you move to the US? Because if you moved and came under a visitors visa, you cannot adjust status as you entered as a visitor with immigrant intent which is fruad

It is only fraud if you enter with immigrant INTENT. If you enter with visitor intent and subsequently change your mind, you are able to adjust status. There is case law supporting this.

From what we know of the OP's story, the intent was not to immigrate, but to visit, and the decision to stay in the US and file AOS was taken AFTER entry.

:star:

Posted
When did you move to the US? Because if you moved and came under a visitors visa, you cannot adjust status as you entered as a visitor with immigrant intent which is fruad

It is only fraud if you enter with immigrant INTENT. If you enter with visitor intent and subsequently change your mind, you are able to adjust status. There is case law supporting this.

From what we know of the OP's story, the intent was not to immigrate, but to visit, and the decision to stay in the US and file AOS was taken AFTER entry.

:star:

Sounds good but no banana!

Everyone that married in another country could come to the US without intent to immigrate and OOPS! Say they came here for a visit but changed their mind and want to immigrate.

They have to marry in the US.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Posted

Greg & Hayz, welcome to VJ! Please do not be scared off by some negative replies in this thread - there is not 100% certainty that you will be denied adjustment of status. There is a chance, but nobody can say for sure what that is.

Adjusting status to permanent resident from a visitor visa while in the US is perfectly legal, as long as you did not intend to do so (i.e. to immigrate) upon your last entry to the US. From what you say, this does not seem to be the case - you came to visit, later changed your mind. Your lawyer was right that you can file I-130 and I-485 concurrently. After you do that, do not leave the US until you either get your permanent residence (green card) or you have an Advance Parole (a travel document allowing you to return). If you leave the US without either of those two, it will count as abandoning your adjustment of status (AOS) application and you will not be allowed back in.

Here are some links that will guide you through the process - I have followed these myself and have successfully adjusted status, as you can see from my timeline.

How Do I Become a Lawful Permanent Resident While In The United States?

How Do I Get an Immigrant Visa Number?

Application Procedures: Becoming a Permanent Resident While in the United States

Petitioning Procedures: Bringing a Spouse (Husband or Wife) to Live in the United States

Petition for Alien Relative

Application to Register Permanent Residence or Adjust Status

I do not think you need a lawyer, I did not use one. IMO, a lawyer is recommendable for someone who has entered illegally or is in some kind of trouble with the law and needs legal advice, beyond filling in some forms that are tedious, but not rocket science.

Good luck and PM me if you have any questions!

10-Apr-08...Filing date for I-130/AOS/EAD/AP

02-May-08...Biometrics

31-Jul-08...EAD Card received

15-Sep-08...Interview (APPROVED)

27-Sep-08...GC received

03-Aug-10...Filed I-751 (Removal of Conditions)

06-Aug-10...NOA 1-yr Extension Letter

10-Sep-10...Biometrics

02-Dec-10...ROC approved! (Card production ordered)

Posted

Now, to actually reply your initial question: yes, current and prior joint leases are good, joint bank statements (checking, savings, credit card), joint tax returns (even Canadian), joint car ownership, joint insurance (health, tenants, life etc), and of course your marriage certificate.

10-Apr-08...Filing date for I-130/AOS/EAD/AP

02-May-08...Biometrics

31-Jul-08...EAD Card received

15-Sep-08...Interview (APPROVED)

27-Sep-08...GC received

03-Aug-10...Filed I-751 (Removal of Conditions)

06-Aug-10...NOA 1-yr Extension Letter

10-Sep-10...Biometrics

02-Dec-10...ROC approved! (Card production ordered)

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
Now, to actually reply your initial question: yes, current and prior joint leases are good, joint bank statements (checking, savings, credit card), joint tax returns (even Canadian), joint car ownership, joint insurance (health, tenants, life etc), and of course your marriage certificate.

Many thanks to those who tried to help!!!!!

" It's called process because it takes time "

IR-1 / CR-1 Visa

Service Center : Vermont Service Center / Consulate : Montreal, Canada

I-130 Sent : 2009-01-26

I-130 NOA1 : 2009-02-03

I-130 Approved : 2009-03-13

NVC Received : 2009-03-21

Received DS-3032 / I-864 Bill : 2010-03-11

Pay I-864 Bill 2010-05-11

Receive I-864 Package : 2010-05-12

Return Completed I-864 : 2010-05-26

Return Completed DS-3032 : 2010-03-11

Receive IV Bill : 2010-05-12

Case Completed at NVC :2010-10-26

Packet 4 Received :2010-12-30

Interview Date : 2011-02-15

Interview Result :Approved!!!!

Visa Received :2011-02-18

US Entry :2011-03-25

Comments :

Processing

Estimates/Stats : Your I-130 was approved in 38 days from your NOA1 date.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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