can I apply for AOS as a Canadian without a visa?

[MRStee 19]

I'm not sure if it does or not. Again, I've always looked at it from my (overstay) point of view and was told that because of the overstay, if denied, there is no recourse. However, if you look at the list of countries included in the VWP, Canada is not present. It would be interesting to know exactly what ... "program" Canada falls under. I'm not sure there is.

If you read further down on this post it talks about canada

[Kittyfang 6]

If you read further down on this post it talks about canada

If you read further down the same post, you'll see I replied to the post that talks about Canada.

[Mithmeoi 29]

In my personal opinion, aside from just being more affordable, it's better to do it completely legally and go CR-1. If you are accused of fraud then that could mess things up immensely and they would ban you for x amount of years. Plus you also have the problem of not being able to leave the States at all till it's processed, and if something crops up at your work in Canada or family issues, you'd be stuck. I would be more for playing it safe and go the route you first considered. She could come see you while you are going through the process at least.

[Deputy Purple 1,294]

If you are accused of fraud then that could mess things up immensely and they would ban you for x amount of years.

Um, that x number of years would be the remainder of your life and it is unwaiverable!

[Kittyfang 6]

This is why it would be great to have access to statistics regarding approvals/denials of AoS. Might help some decide. They only one I came close to calling statistics is what they have at trackitt.

[visacat 1]

Its pretty interesting to see the statistics (i know its only from people registered at that site) but it shows out of 979 AOS cases only 15 were denied and when you look into the background its generally from RFE's that werent replied to correctly or in time and even one that sent in the wrong amount for the check!

[Kittyfang 6]

Its pretty interesting to see the statistics (i know its only from people registered at that site) but it shows out of 979 AOS cases only 15 were denied and when you look into the background its generally from RFE's that werent replied to correctly or in time and even one that sent in the wrong amount for the check!

Yup. It's very interesting. Like you said, you have to be registered and actually input the information, so that makes the data a little bit biased, but still. It does seem to show that USCIS isn't as trigger happy with denials as we all fear.

[Mithmeoi 29]

Um, that x number of years would be the remainder of your life and it is unwaiverable!

I thought it varied depending on overstays or whatnot. Well now I know.

[Kittyfang 6]

I thought it varied depending on overstays or whatnot. Well now I know.

Overstay would incur a 3/10 years ban. Misrepresentation (lying) would incur a life time ban.

[JimVaPhuong 4,863]

VWP entrants must sign an I-94W when entering the US. The I-94W contains the "Waiver Of Rights" declaration that makes VWP entrants ineligible to appeal any decision by CBP or contest any deportation proceeding. Canadians entering as tourists do not have to sign this declaration, so they can appeal an AOS denial. Their risk of denial, and their available recourse if they are denied, are the same as anyone entering with a tourist visa.

[Kittyfang 6]

VWP entrants must sign an I-94W when entering the US. The I-94W contains the "Waiver Of Rights" declaration that makes VWP entrants ineligible to appeal any decision by CBP or contest any deportation proceeding. Canadians entering as tourists do not have to sign this declaration, so they can appeal an AOS denial. Their risk of denial, and their available recourse if they are denied, are the same as anyone entering with a tourist visa.

Informative, as always. Thank you!

[Kittyfang 6]

Meant to add. How would Overstay factor into this?

[Simmy 3]

Wow! I've been on some helpful forums on the net before, but this one really takes the cake!! You guys rock!!!

Ultimately it sounds like both would work out fine for me, but that AOS would be just a bit too risky for me, if only for my own nerves. It looks like I'm going to go the CR-1 route. But I'd like to re-state this question (modified): is there anything stopping me for making the application while here in the US, and continuing to visit my girlfriend until the Montreal date comes up? My roommates in Canada can forward me the mail. In this case, I'm not asking if I can get away with it (because I'm really not into lying on the forms about when I was here) -- I'm asking if they would even mind. ie. perhaps this is legally acceptable? It does sound like people do this.

Also would still like to seek confirmation from anyone that it's okay to work via laptop (for Canadian clients) while here as a visitor, as I've read conflicting info on this.

Oh and some good news -- we got our marriage license yesterday. We're going to get civil married sometime next week (with a full-on ceremony next summer). Looks like it'll be time to start my timeline soon!

Bless,

Simmy

[LiLMermaid 2]

Meant to add. How would Overstay factor into this?

An overstay changes everything. In the OP 's case I'd get married, go back to Canada and apply for CR-1. Yet another Canadian in another thread asks the same question but in his/her case they have been in the US visiting for like a year or something and didn't realize that was bad. If they did as I suggested to this OP well that guy/gal would get banned on leaving the country. So they would have to apply for the CR-1, get denied and then file a waiver and that would take about a year in Canada plus those waivers are hard to get approved. A lot of people in that case end up getting a lawyer to help.

So if getting banned on leaving is an option....heck no! Do AOS and hope for the best. If no ban risk then why risk getting AOS denied? Of course the risk is slim (on getting AOS denied, ban ALWAYS happens on overstay) but I personally would not risk it.

[ValerieA 350]

Awesome, thanks Bob 4 Anna! This comes as very good news -- I did read somewhere on the internet a while ago that one can't even work for clients back in their home country while visiting the US, ie, that one simply cannot work *period* without a work visa. So if anyone else could confirm what Bob 4 Anna says, ie. that what I read was wrong, that would be a welcome assurance.

Thanks also for this. That clarifies things. I've read on this site that people *do* do this, but I'm realizing it may be a greater risk than I had assessed. I'd also appreciate any further confirmations from any others on this.

So the question of AOS vs CR-1 for me is coming down to these points:

time -- I still haven't heard from anyone regarding the timeline on AOS processes, but I'm gathering it's maybe a few months shorter than the CR-1 process? winner: AOS

money -- CR-1 is cheaper, but I'd need to fly to Montreal for the interview (from the west coast). Conversely, I am unclear as to where the AOS interview would take place, but I am assuming it would be somewhere in the US (not Canada) and somewhere on the west coast. If this assumption is correct (can anyone confirm?), then the cost of the CR-1 process including the airfare would actually be about the same as the cost of the AOS process. winner: neither

chances of success -- higher with CR-1, as there is a certain risk with the AOS process for someone in my situation, but arguably this is a small risk.: winner: CR-1

ins and outs -- with AOS, I'm forced to stay in the U.S, unless I apply for A.P., but on the flip side, I also *get* to stay here with my girlfriend. With CR-1, I am forced to return to Canada to make the application, but as a Canadian I can go between the US and Canada while the CR-1 is in process, though there's a small chance that the border guard will deny me anyhow. winner: AOS

If anyone has anything to add to that, I'd super appreciate it!

Simmy

Hi, Simmy. I am going through the AOS process now; I will answer what questions I can.

1. Time. The AOS process, from filing to green card received in the mail, has been taking about 3 months. I filed in early May, and my interview is tomorrow. CR-1 was taking much longer (I was in the CR-1 process when I switched to AOS, and it was going to take at least 9 months because the Montreal consulate is slow.)

2. Money. CR-1: I-130 $355 AOS (affidavit of support, in this case) $88 IV bill $330 Total: $773 AOS: I-130 $355 I-485 $1,010 Total: $1,365

3. Chances of success - Very few are denied AOS, especially from Canada. I will let you know how mine goes tomorrow - because I had already applied for the CR-1, we are worried that they are going to focus on the intent thing. I do have some evidence that I planned on returning to Canada. Check the monthly AOS - non family visa threads; it will give you some optimism. Krys & Nova, also from Canada, were just approved at their interview yesterday (April thread). If you have evidence of ties to Canada (apartment lease, etc.) you should be OK - but no one can give a guarantee. Well, I could, but it would be meaningless and wrong.

4. Ins and outs - I am going to address the employment thing here. I had the same plan as you - work an online business for clients in Canada while I was here visiting my hubby. In no uncertain terms, my lawyer put a stop to that. Under no circumstances, according to her, am I allowed to earn income here until I have legal status. Granted, illegal employment (without misrepresentation - posing as a US citizen or using a fake/stolen SSN would be examples of misrepresentation here) and overstay are forgiven for the spouse of a US citizen - but you are only going to go without work for 3 months.

I hope this helped.

Edited for clarity.

Edited July 28, 2010 by ValerieA