Canadians filing for family based AOS

[MJhawk 0]

Hi I am just trying to find some Canadians that are filing for Adjustent of Status through immediate relative.

I am currently in the US and got married 2 months ago and I sent my package on March 1st. I'm just looking for some people that are in the same situation as me or someone that has already went through this.

I tried to look up some info through the search engine but it just keeps showing people that are applying for AOS from a K-1 or CR-1 visa.

Any advice would be greatly appreciated. I currently read the adjustent of status forum but I'm looking for canadians.

[Udella&Wiz 325]

Hi MJHawk - so you got married while visting the US and stayed? Maybe give us a little background. I'm fairly sure we have folks who have recently goe through AOS in this situation.

[Peachey 10]

Hi I am just trying to find some Canadians that are filing for Adjustent of Status through immediate relative.

I am currently in the US and got married 2 months ago and I sent my package on March 1st. I'm just looking for some people that are in the same situation as me or someone that has already went through this.

I tried to look up some info through the search engine but it just keeps showing people that are applying for AOS from a K-1 or CR-1 visa.

Any advice would be greatly appreciated. I currently read the adjustent of status forum but I'm looking for canadians.

There's a hand full of people that have gone though what you are doing. They'll show up to help you!

[minnew 4]

Hi there! I am sure there are some Canadians around in the same situation!

In the meantime have you checked out the Adjustment of Status from Work, Tourist Visas thread?

http://www.visajourney.com/forums/index.php?showforum=130

[MJhawk 0]

I came to the US in the beginning of October and my boyfriend at the time proposed to me and we decided to get married on this visit.

I had no intention of staying here I actually filled for a K1 visa while I was here in the US so I thought I was going to have to return to Canada for an interview, but then I spoke to a immigration lawyer here and he suggested me to get married and apply for adjustment of status. So I cancelled the petition right away and we ended up getting married 2 months ago

[AdamNewfoundland 0]

Hi!

I've been in the States for nearly three years on TN status, and my girlfriend and I got engaged this past August. We had planned an August 2010 wedding in Newfoundland, but after visiting VJ, I was advised that getting married in Canada and trying to come back to the States on my nonimmigrant status (or another visa type) would result in mega problems.

So, we got hitched last month, and I applied for AOS. The crowd here on VJ has been very helpful! (There was one fellow from Newfoundland who just got his green card that was full of good information over on the AOS board.)

I'm still in process now (my application has been forwarded to the National Benefits Center from the Chicago Lockbox), so the information I have is kinda limited, but feel free to PM me if you have any questions, and I'll do my best to help!

Adam out

[Kimbear 53]

Correct me if i'm wrong, but by filing a k1 you show intent to get married, then you cancel it 2 months after? and get married anyways and stay in the us. isn't that againt the terms of legally fling aos and staying?

"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."

Edited March 5, 2010 by Kimbear

[MJhawk 0]

No we filed for the K1 visa when I was here in the US not before I came here. So I had no intention of residing in the US when I crossed the border I wasn't even engaged he proposed when I got here and then we decided to get married.

[Spoom 8]

I came to the US in the beginning of October and my boyfriend at the time proposed to me and we decided to get married on this visit.

I had no intention of staying here I actually filled for a K1 visa while I was here in the US so I thought I was going to have to return to Canada for an interview, but then I spoke to a immigration lawyer here and he suggested me to get married and apply for adjustment of status. So I cancelled the petition right away and we ended up getting married 2 months ago

Good luck, and I hope his advice doesn't come back to bite you later. Adjusting from a Canadian visa waiver entry can be very difficult, since you have to prove to USCIS's satisfaction that you didn't enter for the purpose of getting married (which, by the way, if they find that you did enter to get married, will likely result in a ban due to misrepresentation). I personally would have returned home and filed for the K-1 for peace of mind.

Edited March 5, 2010 by Spoom

[MJhawk 0]

First of all there is no visa waiver for Canadians. I did nothing illegal I came here to visit my boyfriend at the time and attend a wedding during this time he asked me to marry him and I was misinformed and told to apply for a fiancee visa while I was in the United States which is incorrect. I spoke to a very good immigration lawyer here and was told I can get married and apply for AOS. I had NO intention of staying in the US.

Please I'm looking for some advise from people that are in the same situation. Thank you

[MJhawk 0]

Oh and just one more thing you can come to the U.S. with the intention to get married but no intention to reside here (which isn't my case) I had no intention of getting married or residing it just worked out that way.

[Spoom 8]

Great! I'm just saying that you're going to have to convince a much more suspecting adjudication officer of that. And by the way, yes, technically Canada isn't in the visa waiver program, but they don't require visas for tourist or business entry (though fiance(e)s and spouses immigrating do require a visa). Again, good luck; not what I would have done.

[MJhawk 0]

Thanks for the luck

[Kimbear 53]

Good Luck. we are not sayign you did anyting wrong, however, the fact you originally filed a k1 and cancelled it 2 months later may be an issue with the uscis. we just wanted to make sure you understand there could be issues that arrive due to this.

i also used a very good immigration lawyer who costed us 3000$ just for the i129f part. needless to say, a year later i am still not in the usa.

Edited March 5, 2010 by Kimbear

[MJhawk 0]

No I sent the K1 petition on Oct. 6 and I cancelled it 2 weeks later then I got married 2 months ago (Jan. 2)