Advice needed fast....AOS question

[Craig-n-Jacquie 0]

Hi there gonna try to explain a little, Arrived in California Sept 30 2009, was suppose to be coming for 3 weeks, end up getting married and decided to stay for 6 months because from my understanding I could stay here as a visitor for six months legally. We have applied for I-130 in late October after getting married in early October. Now we're wondering if we should have applied for AOS?? Or is it still possible to apply for AOS? If I applied for AOS would I have to go back to Canada at all other than to tie up loose ends? Is this a shorter process??

Thanks in advance for all your help

[Calypso 464]

What visa did you use in coming to the U.S.?

FAE

[trailmix 77]

He is probably Canadian - Canadian's do not get a visa to enter the U.S.

I don't know the answer to your question OP

[Calypso 464]

If you used a tourist visa to visit the U.S. and ended up getting married instead of merely visiting, you couldn't file for AOS. If that were the case, you could return to Canada and do the CR-1. Anyone may correct my statements if erroneous.

Hakuna matata.

God bless us all.

FAE

[Craig-n-Jacquie 0]

What visa did you use in coming to the U.S.?

FAE

I am sorry but I am not sure I understand about what visa I used....I was coming just to visit for 3 weeks just used my passport??? I am totally confused about this whole process...was I suppose to use a certain visa to come to the USA???

[Calypso 464]

He is probably Canadian - Canadian's do not get a visa to enter the U.S.

I don't know the answer to your question OP

Oh thank you for the info. I assumed Canadians also need all visa types.

FAE

[Danu 19]

Canadians don't need visitor visa's and if you came down without the intent to get married and stay there you could have filed for AOS, however now that you have filed the I-130 I'm not sure how that would affect you if you decide to withdraw it as it says you now know the proper procedure is to leave and wait for your visa. AOS can be a shorter timeframe but you cannot leave the country at all until it is finished or you start all over. I'm really not sure that you can apply for AOS now that you have your other paperwork in though, maybe someone else can come along who knows what would happen in this situation.

[Anh map 2,098]

Sounds like you filed the proper form (I-130).

See the Guide here on VJ to familiarize yourself with the process. >>> http://www.visajourney.com/forums/index.ph...page=i130guide2

[christeen 966]

I am sorry but I am not sure I understand about what visa I used....I was coming just to visit for 3 weeks just used my passport??? I am totally confused about this whole process...was I suppose to use a certain visa to come to the USA???

I believe that some were confused on the unique entry process for Canadians (as all other countries enter with a visa or specific visa waiver programs)... However, I believe you can file the AOS and be prepared to prove that you did not enter with the intention of marrying and staying (this will include ties to Canada like a job, school, house etc..)

There are many here who can address your questions specifically as they have gone through this.... Before I give you wrong info I will leave it to others more knowledgable on the ins and outs... dont get too confused yet...

[Carlawarla 1]

Hi there gonna try to explain a little, Arrived in California Sept 30 2009, was suppose to be coming for 3 weeks, end up getting married and decided to stay for 6 months because from my understanding I could stay here as a visitor for six months legally. We have applied for I-130 in late October after getting married in early October. Now we're wondering if we should have applied for AOS?? Or is it still possible to apply for AOS? If I applied for AOS would I have to go back to Canada at all other than to tie up loose ends? Is this a shorter process??

Thanks in advance for all your help

The whole situation calls to intention. Did you intend to get married during this visit, or just visit? If you came down to visit for 3 weeks, and got married instead, you could apply for AOS now. Since you mentioned you applied for the I-130 in October, I'm wondering what address you used as the Canadian? Have you received anything back about your petition?

If you come as a visitor, with no intent to stay, and stay you did, and got married in the interim, you could stay and apply for your adjustment of status. You'll more than likely get an interview, and have to prove at the interview that you had no intent to stay here and do this. Things they'll be looking at, are your ties to Canada. If you were only coming for three weeks, what did you do about your job? Your apartment? Your personal belongings? How did you clear up your Canadian ties? Bank accounts? Leases? Answering some of those questions for us, will help to better understand where you now stand, so that we can advise you better.

If you do end up applying for your AOS while here, you'll not be able to go back to Canada until the process is finished and you have your GC in hand.

[Krikit 1,164]

You may want to do some reading/posting in this forum: AOS From Work, Student, & Tourist Visas

[Craig-n-Jacquie 0]

The whole situation calls to intention. Did you intend to get married during this visit, or just visit? If you came down to visit for 3 weeks, and got married instead, you could apply for AOS now. Since you mentioned you applied for the I-130 in October, I'm wondering what address you used as the Canadian? Have you received anything back about your petition?

If you come as a visitor, with no intent to stay, and stay you did, and got married in the interim, you could stay and apply for your adjustment of status. You'll more than likely get an interview, and have to prove at the interview that you had no intent to stay here and do this. Things they'll be looking at, are your ties to Canada. If you were only coming for three weeks, what did you do about your job? Your apartment? Your personal belongings? How did you clear up your Canadian ties? Bank accounts? Leases? Answering some of those questions for us, will help to better understand where you now stand, so that we can advise you better.

If you do end up applying for your AOS while here, you'll not be able to go back to Canada until the process is finished and you have your GC in hand.

Okay I will try to answer some questions...Yes I came as a visitor, knew we were gonna marry but I was gonna return to Canada after three weeks, decided not too hence that's why I am still here, but knew i had to return after 6 months. We filed the I-130 late October and got our first notice saying they recieved it...so wondering if it's too late to file AOS? I still have bank account, an apartment, a mailing address, credit cards. Still have personal belongings there. I had quit my job about a week before I came here cause things were just not working out. I hope this gives you a clearer picture. Thanks again

[SapphireDreams 71]

Okay I will try to answer some questions...Yes I came as a visitor, knew we were gonna marry but I was gonna return to Canada after three weeks, decided not too hence that's why I am still here, but knew i had to return after 6 months. We filed the I-130 late October and got our first notice saying they recieved it...so wondering if it's too late to file AOS? I still have bank account, an apartment, a mailing address, credit cards. Still have personal belongings there. I had quit my job about a week before I came here cause things were just not working out. I hope this gives you a clearer picture. Thanks again

If you had the intention of getting married when you crossed the border, I would probably just stay with the petition you have alreadt submitted. Also, since you quit your job just before you left, that will raise a big red flag for the person interviewing you. Basically it boils down to intent, and it sounds like you full intended to get married when you crossed (which is allowed) you just aren't allowed to cross with the intent to get married and then stay and do an AOS.

If I were in your shoes, I would stay for the allotted six months and then go back to Canada for a few weeks/months and wait out the visa with visits inbetween.

[antda 13]

Hi Craig-n-Jacquie,

Yes, VISITOR to AOS is perfectly LEGAL to do! (lol...I for one have done such...see my vj timeline...)

No, it's not illegal that you came to the US and get married while you were down here for a visit.

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa (which are rare for Canadians, as Canadians generally don't need visas to visit the USA) from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed (for 8 months until my AOS was finally approved), and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you (WITHOUT PRIOR INTENTION) are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork: I-130 (Petiton for Family Member), I-485 (Adjustment of Status), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole), and the I-693 (medical forms).

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

In fact, I had no clue about the immigration/visa process when I got married and afterwards and was 'stuck' in the USA...

Definitely no intention at all in my case....Just visited...got married..then realized..Uh Oh....Can I stay?

So I went to seek the advice of an immigration lawyer....

And it was the lawyer that said that I should do the Visitor to AOS route instead of the other immigrant visa routes....(no point in going back for me..)...

Definitely not a loophole here! It is legal! But yes, it does carry a lot of risk in this process!

For example, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...So don't pre-judge as to one way is better than another way......

As long as in the end it all works out well, then so be it...

Hope this helps too..Good luck on your journeys too..

Ant

P.S. If you HAVE PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT you're probably better off filing for:

-A K1 (fiance visa...go back to your former country, file the paperwork, get married in the USA, adjust status, get green card)

-A K3 (marriage visa...go back to your former country, get married in the former country, file paperwork, come to USA, adjust status, get green card)

-A CR-1 (marriage visa...go back your former country, get married in the former country, file paperwork, come to the USA, get green card...)

Hi there gonna try to explain a little, Arrived in California Sept 30 2009, was suppose to be coming for 3 weeks, end up getting married and decided to stay for 6 months because from my understanding I could stay here as a visitor for six months legally. We have applied for I-130 in late October after getting married in early October. Now we're wondering if we should have applied for AOS?? Or is it still possible to apply for AOS? If I applied for AOS would I have to go back to Canada at all other than to tie up loose ends? Is this a shorter process??

Thanks in advance for all your help

Edited January 5, 2010 by Ant+D+BabyA

[Craig-n-Jacquie 0]

Hi Craig-n-Jacquie,

Yes, VISITOR to AOS is perfectly LEGAL to do! (lol...I for one have done such...see my vj timeline...)

No, it's not illegal that you came to the US and get married while you were down here for a visit.

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa (which are rare for Canadians, as Canadians generally don't need visas to visit the USA) from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed (for 8 months until my AOS was finally approved), and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you (WITHOUT PRIOR INTENTION) are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork: I-130 (Petiton for Family Member), I-485 (Adjustment of Status), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole), and the I-693 (medical forms).

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

In fact, I had no clue about the immigration/visa process when I got married and afterwards and was 'stuck' in the USA...

Definitely no intention at all in my case....Just visited...got married..then realized..Uh Oh....Can I stay?

So I went to seek the advice of an immigration lawyer....

And it was the lawyer that said that I should do the Visitor to AOS route instead of the other immigrant visa routes....(no point in going back for me..)...

Definitely not a loophole here! It is legal! But yes, it does carry a lot of risk in this process!

For example, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...So don't pre-judge as to one way is better than another way......

As long as in the end it all works out well, then so be it...

Hope this helps too..Good luck on your journeys too..

Ant

P.S. If you HAVE PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT you're probably better off filing for:

-A K1 (fiance visa...go back to your former country, file the paperwork, get married in the USA, adjust status, get green card)

-A K3 (marriage visa...go back to your former country, get married in the former country, file paperwork, come to USA, adjust status, get green card)

-A CR-1 (marriage visa...go back your former country, get married in the former country, file paperwork, come to the USA, get green card...)

Please if anyone else has something to add .....Also still wondering if I can apply now for the AOS where I have ready filed our I-130 in late October????