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Filed: EB-2 Visa Country: Canada
Timeline
Posted

I am Canadian and I came to California on a B2 Visitors visa. I met someone fell in love and got married. My B2 visa expires October 1st. Do I absolutely have to go back to Canada to apply for my CR-1 or K3? Or can I apply within the States and wait in California to be approved? I want to do everything legal. Not a problem if I have to go back to Canada, just trying to understand these visa's and the right way to go about getting legal. So I can be with my husband. Thank you for your time.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

If you legitimately, honestly and sincerely had no intention to stay in the US when you entered on the B2, it is perfectly legal and legitimate for you and your husband to file an I-130 and an I-485 and adjust status from your tourist status. you can wait in the US while you do this process.

This is the link to the Guide (in the Guides section of this site) for the process to follow. Be aware that this process will involve some extra scrutiny of your relationship, relative to the CR-1 process, but as I said, if you legitimately did not intend to stay when you entered the US, you'll be fine.

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Filed: AOS (apr) Country: Australia
Timeline
Posted

Follow the AOS (adjustment of status) guide in the guides section.

From what you said you should not have too much of a problem, but very few things in life are gauranteed :blush:

During your adjustment you enter a period of authorised stay so even if you other visa was to expire, you would be OK.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

 
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