AOS questions

[Donna and Jay 0]

I have been trying to get some info on the AOS process for people with similar cases like mine...

My wife and I have recently moved to the US. She is a US citizen while I am Canadian.

We got married in Maryland (our marriage was registered in MD) and then moved to Canada where we lived for a year and a half. Last month (May 09) we moved to the US.

I simply entered as a visitor (using my NEXUS card) and then applied for an AOS.

I already got an appointment scheduled for biometrics (EAD) next week. I might be accepting a job inn the next two weeks or so.

My questions is: Should I tell my potential employer that my EAD is being processed? And how long does it take to get a SSN after getting the EAD?

What are the typical issues that might come up in terms of processing my AOS?

Thanks for your help!!

[Dakine 26]

I have been trying to get some info on the AOS process for people with similar cases like mine...

My wife and I have recently moved to the US. She is a US citizen while I am Canadian.

We got married in Maryland (our marriage was registered in MD) and then moved to Canada where we lived for a year and a half. Last month (May 09) we moved to the US.

I simply entered as a visitor (using my NEXUS card) and then applied for an AOS.

I already got an appointment scheduled for biometrics (EAD) next week. I might be accepting a job inn the next two weeks or so.

My questions is: Should I tell my potential employer that my EAD is being processed? And how long does it take to get a SSN after getting the EAD?

What are the typical issues that might come up in terms of processing my AOS?

Thanks for your help!!

You cannot adjust status but will have to go thru spouse visa process.

[Donna and Jay 0]

Why is that??

I am applying from within the US!! was lawyer recommended

I have been trying to get some info on the AOS process for people with similar cases like mine...

My wife and I have recently moved to the US. She is a US citizen while I am Canadian.

We got married in Maryland (our marriage was registered in MD) and then moved to Canada where we lived for a year and a half. Last month (May 09) we moved to the US.

I simply entered as a visitor (using my NEXUS card) and then applied for an AOS.

I already got an appointment scheduled for biometrics (EAD) next week. I might be accepting a job inn the next two weeks or so.

My questions is: Should I tell my potential employer that my EAD is being processed? And how long does it take to get a SSN after getting the EAD?

What are the typical issues that might come up in terms of processing my AOS?

Thanks for your help!!

You cannot adjust status but will have to go thru spouse visa process.

[msu17 0]

Yes, you should tell them since you can not start work until you have received it.

[YuAndDan 153]

Why is that??

I am applying from within the US!! was lawyer recommended

Being married before entering the USA on a visitor's visa and then adjusting status is clearly showing immigrant intent when using the visitors visa. THIS IS VISA FRAUD. The AOS interview can easily make this determination and DENY the AOS and deport for this.

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.

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

If the visitors visa was designed to be used in this way, then WHY is there K-1, K-3, and Spousal Visas, There would be no reason for the spousal immigrations process, everyone would simply enter the USA as a visitor and adjust.

The AOS interview will ask critical questions why you circumvented the correct spousal visa process, if they determine that your intent upon entry to the USA on a visitor's visa was to immigrate they can simply deny the AOS and deport for misrepresentation.

You are NOT talking about K-1 fiancee visa, so I will move this to the Correct forum.

Edited June 12, 2009 by YuAndDan

[Otto 83]

Why is that??

I am applying from within the US!! was lawyer recommended

I sincerely your attorney advised of any potential risks because there certainly are some pretty significant ones. If he/she did not, then you should seriously consider an alternative individual.

[trillium13 84]

Just because it's easy to go between the US and Canada doesn't mean that the immigration rules are any different. Neither are the rules for working here in the US.

If your intent upon entering with the visitor's visa was to adjust status (which you have freely admitted here, what did you tell them when entering?)then that is visa fraud. Period.

Also, you can't accept a job without a permit to work here in the US.

I'd suggest a new attorney. Sooner rather than later.

Edited June 12, 2009 by trillium13

[Dakine 26]

As I said you cannot adjust status but have to do a spouse visa. Fire your lawyer!!! Do a I-130 for a CR-1. After filing the i-130 check out "Ling Che's " NVC shortcuts. They will help speed things up when you get to the NVC stage.

Don't consider a K3.

Been there and DONE IT ALL!

Edited June 12, 2009 by Haole

[Donna and Jay 0]

My intent was to find a position and then get a TN visa which is extremely easy to get once I geta a job offer - But I spoke to a lwayer and went to the USCIS Washington, DC field office and spke to an officer...They both said: just send in a copy of your canadian passport (which is not even stamped for an entry) and the other docs for i 485...and don't go through TN visa....they recommended the AOS rather than a CR visa or whetever it is called and having to be away from my wife

As I said you cannot adjust status but have to do a spouse visa. Fire your lawyer!!! Do a I-130 for a CR-1. After filing the i-130 check out "Ling Che's " NVC shortcuts. They will help speed things up when you get to the NVC stage.

Don't consider a K3.

Been there and DONE IT ALL!

Edited June 12, 2009 by Donna and Jay

[Donna and Jay 0]

As I said you cannot adjust status but have to do a spouse visa. Fire your lawyer!!! Do a I-130 for a CR-1. After filing the i-130 check out "Ling Che's " NVC shortcuts. They will help speed things up when you get to the NVC stage.

Don't consider a K3.

Been there and DONE IT ALL!

Seems like you might be wrong on this...I have seen many threads that seem to indicate that it is legal fro me to do so....My intention was not to MARRY and IMMIGRATE...I am already married to a USC before coming here. Also, I didn't need a visa to come join my wife...

[breter 0]

I'm a newb at all this, but if he didn't lie to officials at the border when entering, how is that visa fraud? Is a nexus card a visa? By having the nexus card, do you agree to not intend to immigrate?

[Otto 83]

Seems like you might be wrong on this...I have seen many threads that seem to indicate that it is legal fro me to do so....My intention was not to MARRY and IMMIGRATE...I am already married to a USC before coming here. Also, I didn't need a visa to come join my wife...

While there are those who have done what you're suggesting (or your attorney suggested) and been successful - that doesn't make it legal.

What is being suggested is a method of circumventing US immigration law(s). I've said this to many people before - as long as you're aware of what you're doing (in other words not being naive about it) then at least you know what you're getting in to. Make no mistake, there are potential risks which I hope your attorney explained to you.

The choice is yours.

[Donna and Jay 0]

I suppose when you come to visit with the intention to marry AND Immigrate, is when it becomes illegal.

In my case, I'm already married to a USC and we have lived together in Canada before she moved back and then I came here to join.

My intention when I crossed the border was to be with my wife (for my allowed time) and obtain a TN visa if possible - which is not illegal for Canadians. I then decided to do an AOS as pointed out by a lawyer and by an officer the Washington field office.

It's all subject to interpretation of the law!!!!

Seems like you might be wrong on this...I have seen many threads that seem to indicate that it is legal fro me to do so....My intention was not to MARRY and IMMIGRATE...I am already married to a USC before coming here. Also, I didn't need a visa to come join my wife...

While there are those who have done what you're suggesting (or your attorney suggested) and been successful - that doesn't make it legal.

What is being suggested is a method of circumventing US immigration law(s). I've said this to many people before - as long as you're aware of what you're doing (in other words not being naive about it) then at least you know what you're getting in to. Make no mistake, there are potential risks which I hope your attorney explained to you.

The choice is yours.

[Otto 83]

I suppose when you come to visit with the intention to marry AND Immigrate, is when it becomes illegal. Also - circumventing immigration law(s) by using one type of visa/entry-method in order to immigrate is called visa fraud - whether you had to actually apply for a visa or not (this includes those from VWP countries and Canada).

In my case, I'm already married to a USC and we have lived together in Canada before she moved back and then I came here to join immigrate.

My intention when I crossed the border was to be with my wife (for my allowed time) and obtain a TN visa if possible - which is not illegal for Canadians. I then decided to do an AOS immigrate as pointed out by a lawyer and by an officer the Washington field office. You asked the question "What are the typical issues that might come up in terms of processing my AOS?" and have been given the answer - you may not like them.

It's all subject to interpretation of the law!!!! Not really - things do tend to look great when you have rose-colored glasses on though.

For others who may read this - it is not legal to visit and then adjust status (immigrate) - people have been successful doing it and there have been those who have severely regretted the decision. Good Luck

[DGAB2008 3]

Here is an interesting article that doesn't negate what your attorney advised, but there is a section that speaks about the discretion of USCIS in cases such as yours.

http://americanlaw.com/aos.html

Essentially it says:

Adjustment of status is discussed at §245 of the Immigration and Nationality Act ("INA"). According to INA §245(a), the status of an alien who was inspected and admitted (which you were when you crossed the border) or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if:

1. the alien makes an application for such adjustment, (check - you did that)

2. the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (check - that's you, you're eligible as a person married to an American citizen, however, is required that your wife have 1 year residency in the US before you're eligible to apply for AOS? I don't know the answer to that?)

3. an immigrant visa is immediately available to him at the time his application is filed. (visas are available for married couples so check that's you)

Seems you satisfy all the requirements. Below are categories where AOS will not be allowed, though as the article suggests, even in some of these cases, AOS has been granted:

Statutory Bars to Adjustment of Status

The INA lists several categories of aliens to whom adjustment is legally unavailable:

1) Foreign National Crewmen

2) Transits Without Visas ("TWOV")

3) Aliens Who Entered Under Visa Waivers

4) Aliens Who Have Conditional Residence

5) K-1 Fiances

6) Unauthorized Employment, Unlawful Status or Failure to Maintain Status

7) Aliens Who Enter Into Marriages During Pendency of Administrative or Judicial Proceedings

Adjustment of Status is Discretionary

It is important to realize that adjustment of status is considered discretionary. USCIS may still deny an application for adjustment of status even where none of the statutory bars applies.

In practice, adjustment of status will be granted where the alien is statutorily eligible and there are no "negative factors." When such negative factors exist, the factors will be weighed to determine whether adjustment will be granted. Close family relatives, particularly immediate relatives, may be a strong factor favoring adjustment.

Preconceived intent to remain in the U.S. at the time of entry as a nonimmigrant, even though not resulting in fraud or willful misrepresentation, may be a sufficient negative factor to deny adjustment of status. However, immediate relatives of U.S. citizens can overcome such negative factors.

This may be what gets you!

Dionne