AOS after marriage

[Jamal 12 0]

I have a quick question. IF i get married soon (im a USC and my fiance is Canadian) and she comes over to the us for VISIT and then overstays 6 months, can i file for a AOS?

[jaycali 415]

If I understand your question correctly, you're planning to marry a Canadian citizen, and then have her come to the US to visit, then have her overstay and then adjust status? That's fraud. No one on this forum will aid you in committing immigration fraud. A person may not visit the US with the intention of circumventing immigration law.

Is she already in the US? Then yes, you may file for adjustment of status.

Edited November 22, 2012 by Jay Jay

[bigdog 376]

Maybe we don't understand your post. What ever you do do it legally, you have your whole life together. Either K-1 or marriage visa.

[Jamal 12 0]

srry my apolgies im not intending on doing any fraud. My intention is to bring my soon to be wife to live with me in the US as soon as i can. the only reason why i asked the question was because i had been researching on the internet and there was a lot of mention of an AOS. Jay Jay's post did clarify the situation so thanks,

[jaycali 415]

srry my apolgies im not intending on doing any fraud. My intention is to bring my soon to be wife to live with me in the US as soon as i can. the only reason why i asked the question was because i had been researching on the internet and there was a lot of mention of an AOS. Jay Jay's post did clarify the situation so thanks,

OK that helps.

AOS is only legal if you decided to get married and for her to stay after she entered the US. In other words, it is illegal to come to the US as a tourist, with the intention of adjusting status.

If you want to marry her and live with her in the US you basically have two options at this point:

1. You can file an I-129f petition for a K-1 fiancee visa. This will allow her to enter the US, marry you within 90 days of that entry, and then AOS.

Or,

2. You can marry her now, then file an I-130 petition for a CR-1 spousal visa. She will then be a legal permanent resident the day she enters the US on that visa.

All in all, either petition and visa take about 6 - 10 months, K-1 is usually about a month quicker. If she's Canadian with no criminal history or negative immigration history, she likely won't have any major problems visiting you in the US while the process is ongoing.

Best of luck and happy Thanksgiving!

Edited November 23, 2012 by Jay Jay

[TBoneTX 46,115]

*** Thread moved from main AOS/Family-Based forum to General Immigration Discussion -- OP hasn't yet embarked on a visa path. ***