Thinking of applying for AOS

[MJhawk 0]

I am a Canadian Citizen and I came here on Sept. 30 on a vistor visa. I came to attend a wedding with my boyfriend the day after I arrived he proposed to me when he took me out for dinner that was a huge surprise. Anyways we file for a K1 visa a few days later but then I spoke to a immigration lawyer and he told me to cancel the K1 visa and apply for AOS. When I came here I had NO intentions of getting engaged or getting married and staying here. So my plan is to cancel the petition (nothing happen with it anyways) and file for AOS.

Is there anyone that is in the same situation as me? Can we just so to a court and get married or should we plan our big wedding?

[gmjdmj 2]

Filing for AOS is after you marry on a K-1 ( which of course has to be approved, etc). If you guys are planning to marry, then you need to apply for a k-3 or CR-1. I would look in the guides here on VJ and find the best route for you.

[Betti 1]

If you truly had no intentions of getting married and staying in the US when you last entered the country, you can go ahead and get married and then apply for AOS. You do not need a visa (like K-1, K-3 or CR-1), since you are already here!

Make sure that you have proof of binding ties to Canada though, like an employer who expected you back, a rent that needs to be paid or affidavits of friends/family that state that they expected you to come back. Lots of members here say that they never needed to show any of the proof of their intent to return to their home country, but I'd prefer to be prepared in your case. For the AOS you will have to be able to present proof of a bona fide relationship with your fiance.

Good luck!

[MJhawk 0]

Do you think it will be better to have a wedding with family and friends or can we just go to the courts and get it done there and next have a big wedding? I still have an open bank account in Canada also credit cards and my 2 cats.

[Dave and Helena 0]

Make sure that you have proof of binding ties to Canada though, like an employer who expected you back, a rent that needs to be paid or affidavits of friends/family that state that they expected you to come back. Lots of members here say that they never needed to show any of the proof of their intent to return to their home country, but I'd prefer to be prepared in your case. For the AOS you will have to be able to present proof of a bona fide relationship with your fiance.

Good luck!

I agree. At my interview the IO asked about intent. Though I was never asked to show any proof of ties to my home country it felt good to have some with me just in case.

[MJhawk 0]

Does it mattar how or where we get married? Does it look bad if you just go to the court house? Should pictures be taken?

[Jon&Lindsey 0]

We just went to the courthouse, I don't think the actual ceremony matters as much as showing that you have a truly bona fide marriage, with things like joint leases/mortgages/bank accounts/insurance etc - that proves you are genuinely married much more than just a fancy ceremony. Once you have filed for AOS and receive your EAD you can apply for an SSN which makes getting the joint things much easier. I also adjusted from VWP and wasn't asked about intent, though we did take proof with us just in case. It's always best to be prepared to prove you didn't mean to marry *and stay*, even if you don't need to!

Edited to add - yes, pictures are good, and anyway, wouldn't you want some for yourselves?

Edited October 28, 2009 by Jon&Lindsey

[Betti 1]

It's probably better if you get married at the courthouse first, since a big white wedding usually needs a longer time to be planned and could make them think that you planned it all before you came to the US. I would definitely take some pictures, even if it is "only" a small courthouse wedding. If there are family and friends around for the event, make sure to also take pictures together with them.

As Jon&Lindsey already said, showing that you mingle your finances will be great proof for your bona fide relationship. You don't just share your money with anyone. :-) Also, try to get on the lease/mortgage, car insurance and name each other as beneficiaries on your insurances!

Edited October 28, 2009 by Betti

[Otto 83]

Does it mattar how or where we get married? No

Does it look bad if you just go to the court house? No

Should pictures be taken? Well sure... why not? (Who gets married and doesn't take at least one picture...?)

A wedding is mostly just a ceremony and a ceremony is not needed to be married.

[Chica Yeyé 41]

Hawk, what matters is that you have a K-1 pending, you know that. Folks over at the Canada forum told you the truth. Changing forums will not change teh answers. You are treading dangerous waters.

[juliava 80]

Does it mattar how or where we get married? Does it look bad if you just go to the court house? Should pictures be taken?

We did it at the court house too, it was just the 2 of us and there was no problem at all!

[Sprailenes 47]

Risking getting banned all because you refuse to have a little bit of patience.

[MJhawk 0]

I did absolutely nothing illegal I entered with no intentions of getting engaged or married I have proof of that and I spoke to a few immigrations lawyers and they said to cancel the K1 and file for AOS since I'm here in the United States and I had no intentions on POE.

[Sprailenes 47]

Then do whatever you please.

Have fun trying to prove you didn't intend to get married with a cancelled K1 application is all.

I did absolutely nothing illegal I entered with no intentions of getting engaged or married I have proof of that and I spoke to a few immigrations lawyers and they said to cancel the K1 and file for AOS since I'm here in the United States and I had no intentions on POE.

Also lawyers aren't always looking out for your best interest. In fact many members here can tell you that they have had conflicting stories with lawyers in the past.

But hey, you have the answers you want.

Best of luck.

Edited October 28, 2009 by Sprailenes

[MJhawk 0]

I filed the K1 when I was in the United States. Your suppose to apply for the K1 if your not in the country. The best route for me since I came here legally is to apply for AOS.