k1 switch to AOS???

[SapphireDreams 71]

I'm curious about the visiting back and forth to Canada on the VWP with the K1, if a visitor spends 6 months all at once in the U.S. and then goes back to Canada to get paperwork and spend time with family for a week or a month or whatever, can she then come right on back to the U.S. for another extended stay?

It has nothing to do with me, my fiance is in Australia, but I'm just curious and was wondering if anyone has bumped up against this in the recent past.

S.

You can do that, but it's up to the discretion of the US Border Patrol to decide whether or not you are "visiting" or trying to live in the U.S. If they think that you are living there, it will be harder to do that. Plus, if someone is spending a majority of their time in the US, then they are technically not really visiting anymore.

Obviously, no one wants to be apart from their bf/fiance/husband but in reality, we have all been in that situation and at the end of the day 7-10 months of waiting for a visa (6 months of which is going to be together, which more than a lot of people get) is really not that bad considering you get to spend the rest of your lives together.

In terms of the police report, why don't you just take a visit home, or wait until your 6 months is over and just walk in to your local station that takes care of it? They usually do it on the spot, so it would be valid longer and easier than waiting around for the RCMP.

[Sprailenes 47]

It's 6 months out of a year, it's not like you cross the border back into Canada and the time resets itself. She would have to spend 6 months back in Canada and then come back after that if she wanted to stay another 6 months.

Edited October 26, 2009 by Sprailenes

[MJhawk 0]

I'm sorry to inform you but that is incorrect. I spoke to CBP and on there system it says 6 months I asked if thats per calender year and he said "No" I asked if I can come back to Canada for an hour and return to the U.S. and the 6 months would start over again and he said

"correct". But it depends on the POE officer if they decide that you are staying in the United States to much they can deny entry.

Alot of people think its for one calender year but its not it would be too hard to calculate each visit example: 8 days in Jan, 5 days in March it doesn't work that way. I also spoke to a couple of immigration lawyers and they said the same thing.

[Chica Yeyé 41]

To the OP: if you then have everything figured out, planned out, and are so sure you are all knowledgeable of how the process works; why bother ask? People on VJ have been where you are before, and know the process because they -we- have lived through it. Relax, and listen to the advise of the folks here. Or not, do it the MJHawk way, and deal with the consequences.

Really, a good attitude and opening yourself to be teachable goes a long way in this board. Otherwise, you might end up alienating the VJ membership, who are the ones who can and will help you.

[Sprailenes 47]

I'm sorry to inform you but that is incorrect. I spoke to CBP and on there system it says 6 months I asked if thats per calender year and he said "No" I asked if I can come back to Canada for an hour and return to the U.S. and the 6 months would start over again and he said

"correct". But it depends on the POE officer if they decide that you are staying in the United States to much they can deny entry.

Alot of people think its for one calender year but its not it would be too hard to calculate each visit example: 8 days in Jan, 5 days in March it doesn't work that way. I also spoke to a couple of immigration lawyers and they said the same thing.

You're just like some others here who are in denial and who will hear what they want to hear.

Edited October 26, 2009 by Sprailenes

[MJhawk 0]

Actually I don't have it all figured out but the original post I said I was curious about the possiblity of switching from a K1 to AOS. I have a good clue what the K1 visa process is about but I just wanted some info on the AOS.

[Sprailenes 47]

What's with people lately?

You try to answer their questions or tell them the right thing and then they become defensive or they already claim to have the answers.

I don't understand why you people even bother to make an account here if you're only going to argue the facts you get from the people with experience.

[lgg 2]

Little late to the party and haven't read all the posts but I don't think you can A.O.S once you've applied for the K1... in fact, it's impossible at this point as you've already alerted the USCIS and such that you're planning on getting married -- thus, negating the whole idea of ending up married on a visit and just adjusting from there. I'm pretty sure of this but there are TONS of very wise/knowledgeable people in this site who will give you correct advice.

In my humble opinion, separation and such is a flat out truth to this whole state of affairs but as Canadians, we're usually fairly lucky that we have the means and the proximity to visit. Plus I think I read that you're visiting for a few months? That'll definitely take the edge of the whole waiting process. It goes by fairly fast though...

Good luck...

Actually I don't have it all figured out but the original post I said I was curious about the possiblity of switching from a K1 to AOS. I have a good clue what the K1 visa process is about but I just wanted some info on the AOS.

[Chica Yeyé 41]

Actually I don't have it all figured out but the original post I said I was curious about the possiblity of switching from a K1 to AOS. I have a good clue what the K1 visa process is about but I just wanted some info on the AOS.

And people gave you such information about AOS, all in the spirit of making YOUR process as easy and painless as possible. Whatever choice you make, it's yours; but don't go around getting snotty at folks that are trying to help you; even if what we say is not what you would like to hear.

Peace.

[MJhawk 0]

Thank you Lgg that was the information I was asking for .

[Ellie-and-David 38]

What's with people lately?

You try to answer their questions or tell them the right thing and then they become defensive or they already claim to have the answers.

I don't understand why you people even bother to make an account here if you're only going to argue the facts you get from the people with experience.

Agreed. Some people feel like they have some almighty given right to take the answers they want to hear and reject (and be downright RUDE) to the people who provide realistic wisdom and experience. I'm done with people like that.

So OP....do you what you want. S'your life.

[john_and_marlene 162]

I don't think you can A.O.S once you've applied for the K1... in fact, it's impossible at this point as you've already alerted the USCIS and such that you're planning on getting married -- thus, negating the whole idea of ending up married on a visit and just adjusting from there. I'm pretty sure of this but there are TONS of very wise/knowledgeable people in this site who will give you correct advice.

It is not impossible. In fact an AOS filed from within the U.S. even after a K-1 was filed and then a subsequent U.S. entry will most likely be successful when married to a USC.

Being an immediate family member of a USC has been tested in court to be an overriding consideration for AOS that outweighs negative factors including prior intent, working without permission, and overstays.

[lgg 2]

I"m sorry john and marlene but huh?

I didn't understand your post. ARe you saying the AOS WILL be possible as per then a subsequent U.S. entry will most likely be successful when married to a USC.

or are you saying it is NOT possible as per It is not impossible.

I'm sorry, as someone who's read a TON about immigration, I am confused by what you're saying so I can only imagine how someone who is new to this might feel.

Thanks...

LGG

I don't think you can A.O.S once you've applied for the K1... in fact, it's impossible at this point as you've already alerted the USCIS and such that you're planning on getting married -- thus, negating the whole idea of ending up married on a visit and just adjusting from there. I'm pretty sure of this but there are TONS of very wise/knowledgeable people in this site who will give you correct advice.

It is not impossible. In fact an AOS filed from within the U.S. even after a K-1 was filed and then a subsequent U.S. entry will most likely be successful when married to a USC.

Being an immediate family member of a USC has been tested in court to be an overriding consideration for AOS that outweighs negative factors including prior intent, working without permission, and overstays.

[Chica Yeyé 41]

I want to protest sister lgg not going over to say hola to the C4C membership

[john_and_marlene 162]

I"m sorry john and marlene but huh?

I didn't understand your post. ARe you saying the AOS WILL be possible as per then a subsequent U.S. entry will most likely be successful when married to a USC.

or are you saying it is NOT possible as per It is not impossible.

I'm sorry, as someone who's read a TON about immigration, I am confused by what you're saying so I can only imagine how someone who is new to this might feel.

Thanks...

LGG

I don't think you can A.O.S once you've applied for the K1... in fact, it's impossible at this point as you've already alerted the USCIS and such that you're planning on getting married -- thus, negating the whole idea of ending up married on a visit and just adjusting from there. I'm pretty sure of this but there are TONS of very wise/knowledgeable people in this site who will give you correct advice.

It is not impossible. In fact an AOS filed from within the U.S. even after a K-1 was filed and then a subsequent U.S. entry will most likely be successful when married to a USC.

Being an immediate family member of a USC has been tested in court to be an overriding consideration for AOS that outweighs negative factors including prior intent, working without permission, and overstays.

I'll simplify. You are wrong.