Marry and apply for the AOS?

[Tater&Bugger 3]

I have been reading tons on this site and have noticed several members mention that if you are in the US and married you can file for the AOS... and more or less bypass some steps. What is stopping us from getting married and applying for the AOS while I am still there? It just makes too much sense, so it cannot be right. My man is home in May and will have 45 days leave, which we intend on spending together... if we are going through this petition and etc... I may not be able to see him, after we've just spent over half a year apart due to deployment.

I am working on a contract w/ CFPSA overseas and am home in April. My worry is that since I am not working nor do I have a permanent address or legal ties to Canada when I get back that they won't let me into the country once this process starts.

side question... why does my profile picture never pop up? What the eff! haha.

Thanks.

T

Edited March 19, 2010 by Tater

[VanessaTony 3,567]

I have been reading tons on this site and have noticed several members mention that if you are in the US and married you can file for the AOS... and more or less bypass some steps. What is stopping us from getting married and applying for the AOS while I am still there? It just makes too much sense, so it cannot be right. My man is home in May and will have 45 days leave, which we intend on spending together... if we are going through this petition and etc... I may not be able to see him, after we've just spent over half a year apart due to deployment.

I am working on a contract w/ CFPSA overseas and am home in April. My worry is that since I am not working nor do I have a permanent address or legal ties to Canada when I get back that they won't let me into the country once this process starts.

As you are not currently in the US this isn't an option for you. You are now talking about INTENDING to immigrate on a Tourist visa which is immigration FRAUD. It is against the TOS for us to advise you about this.

Getting married in the US is perfectly legal, however entering the US with intent to marry AND AOS is fraud.

I will however advise you of the con's of doing it this way.

1. You will need to wait until you get there where with a fiance visa you can apply right now and have it in around 6 months

2. If you apply in this manner and are denied AOS you will have no means to appeal the decision. You will need to return to Canada and start a spousal visa

3. If you were to mention at the border your intent to immigrate you will be denied entry. Failing to mention your intent is fraud.

4. You are not able to work or LEAVE the US once the process is started. You need to wait for AOS to be complete which can take around 3 months, sometimes more.

5. You won't be able to get a US drivers licence. Without your husband in the country, how are you going to get around?

6. Where are you going to live? How are you going to support yourself? You'll be in a country by yourself without means to get around, or to work.

Personally, I would get married while you are visiting him and then return home to process a CR-1 visa. You will be stuck in the US once the AOS process is started. He will need to attend your immigration interview with you which will not occur in the 45 days he is home.

The CR-1 seems like the only option for you, or the K1 if you want to get started now. You are still able to visit while the K1 is processing. Good luck with your decision.

This is the wrong location for this post. Moving ---

** moving from "Adjustment of Status Case Filing and Progress Reports" to "Bringing Family Members of US Citizens to America" as you haven't decided which path you're taking yet**

Edited March 19, 2010 by Vanessa&Tony