Canadian AOS?

[Hawaii 0]

Hello all...

I'm a US citizen residing in Hawaii. I was recently married (05/26/06) to a canadian resident. She is currently in the states. She arrived in the US with just her birth certificate. No visa was issued. Her 180 days are up Sept. 23, 2006.

Are we eligable to apply for an AOS under the circumstances i've listed? I plan to go to the local USCIS to ask for assistance also.

Thank you

k3v

Pic: http://i75.photobucket.com/albums/i287/sop...ng/DSC01728.jpg

[de_sjiem 0]

If she arrived in the US without the intent to marry you and stay, then she can adjust status where she is. You will need to file I-130 along with the AOS package and also will need a full medical here in the states, but you should be fine. Be sure that she has evidence that she intened to return home to Canada before deciding to get married, or else they may feel that she intended to immigrate to the US when she came last (which is a big no-no) I think she may also need to apply and receive a Canadian passport, so you may want to start working on that right away. Good luck!

[Reba 2]

yeah, she'll need a passport, but she can likely get that thru the mail, or at the nearest Canadian consulate.

She will need a long form birth certificate from home if all she has now is the wallet sized one. Depending which province she was born in, that could take a couple of weeks to a few months.

[Hawaii 0]

Looks like we better get moving then. She does have a passport, although its expired recently. We had no intentions of marrying when she came to the states. She also has full medical coverage as of yesterday through my plan.

The tough part is, i don't think we have anything to prove she was intending to return. She came over on a one way ticket to Boston in March. I moved to Hawaii in April and she decided to come with me. We planned to just buy her a one-way ticket back when August/September came around.

If she goes back for a month and comes back in the states, they probably won't allow the AOS on that trip. Is that correct?

Thanks for the info

k3v

[de_sjiem 0]

yep that's correct.. if she goes back you will have to file k-3 or something so that she can return...

[Reba 2]

if her passport is expired, she will have to get a new one, and for Canada the process is not simply to update it, she has to start from scratch and reapply.

I'm surprised they let her in at all, if she didn't have a return ticket. That's rather surprising.

I'm assuming that she has no ties to Canada, is that right? That, along with the one way ticket could possibly complicate your application, in trying to prove she did not have intent to stay beyond her allowed time.

The sooner you apply however, the better. She may not be eligible for AP tho, so she's likely stuck in the US until she's got her green card.