Applying for a AOS while in the US as a visiting Canadian

[JaneyD 0]

Hi everyone,

I am a Canadian currently in the US visiting my boyfriend. It was only intended to be a 2 month visit for the holiday season (which was what I told them at the border) but now we have decided we want to get married. Would applying for an AOS be the better route if I want to continue to stay in the US? Or is the CR-1 still the better option for us? How would something like the 245k "180 Day Rule" apply here?

To shed some light, we've been together for 10 years and we both live by the border of our countries, so would therefore just frequently drive back and forth to see each other. I had no idea that by a turn of event we will be getting married. Is the easier way to simply continue this back and forth visit while filing for the CR-1, or can I just stay in the US and apply for an AOS (and EAD/AP) while I am already in the country legally as a visitor? I understand the process can be long so how will this impact my status here in US while waiting for all the paperwork to be approved? Do we still have to look into K1 or K3 before applying for AOS? We just want to know all our options here while we are still well within the laws of everything.

Thanks,

Janey

[Harpa Timsah 13,258]

You can apply for AOS right now because you had a a change of plans after you entered the US. Once your paperwork is received you will begin a NEW period of authorized stay and you can stay in the US while it processes (3-6 months). You will not be able to travel, though. If you leave the country before you have either a Greencard or an Advance Parole (a temporary travel permission document) your AOS will be considered abandoned and denied. I mention this because you said you are used to border hopping and you'll have to stop it for a while

Alternatively, you can marry and then seek a CR-1 spousal visa, where you interview in Canada. You will have to abide by the terms of your Canadian visitor status (leave after 6 months are up) until the spousal visa is approved. Once it is approved then you enter the US which will trigger your Permanent Resident Status. The spousal visa process takes 8 -12 months.

Edited January 18, 2013 by Harpa Timsah

[JaneyD 0]

You can apply for AOS right now because you had a a change of plans after you entered the US. Once your paperwork is received you will begin a NEW period of authorized stay and you can stay in the US while it processes (3-6 months). You will not be able to travel, though. If you leave the country before you have either a Greencard or an Advance Parole (a temporary travel permission document) your AOS will be considered abandoned and denied. I mention this because you said you are used to border hopping and you'll have to stop it for a while

Alternatively, you can marry and then seek a CR-1 spousal visa, where you interview in Canada. You will have to abide by the terms of your Canadian visitor status (leave after 6 months are up) until the spousal visa is approved. Once it is approved then you enter the US which will trigger your Permanent Resident Status. The spousal visa process takes 8 -12 months.

This is honestly great news, thank you!

So just to clarify, I can apply for my AOS right now and sit tight in the US without fear of being deported so long as my paperwork has been received and being reviewed? Can I just skip steps 4a to 6 on the I-485 Package checklist then (under the step-by-step instructions) or what's the alternative if I don't have any of those specified documents?

AOS is the better route over the CR-1 in my situation, right? From the sound of it seems to be the fastest way to keep me in the country to begin our life together.

Haha, I can do without border hopping although I will miss seeing my family. They can certainly still visit me!

Edited January 18, 2013 by JaneyD

[Harpa Timsah 13,258]

It's your choice to do AOS or go with CR-1, but you have the wrong guide for AOS. You do not have a K1 or K3 so that is NOT for you. Here is an AOS guide appropriate for your situation. http://www.visajourney.com/content/i130guide2 It's called a I-130/I-485 CONCURRENT application. Good luck!

[JaneyD 0]

It's your choice to do AOS or go with CR-1, but you have the wrong guide for AOS. You do not have a K1 or K3 so that is NOT for you. Here is an AOS guide appropriate for your situation. http://www.visajourney.com/content/i130guide2 It's called a I-130/I-485 CONCURRENT application. Good luck!

Ah! Thanks so much for pointing me to the correct guide.

Someone else brought to my attention that I may need to prove that I entered the US without the intention of getting married. How would I go about doing this? What are some examples? This has me kind of stumped as it doesn't seem like something that would be really easy to provide proof for...

[Harpa Timsah 13,258]

Ah! Thanks so much for pointing me to the correct guide.

Someone else brought to my attention that I may need to prove that I entered the US without the intention of getting married. How would I go about doing this? What are some examples? This has me kind of stumped as it doesn't seem like something that would be really easy to provide proof for...

Nope, you don't have to prove that. If they ask you at your interview you can answer truthfully, but that sort of evidence is not required to be in your packet at all.

[JaneyD 0]

Nope, you don't have to prove that. If they ask you at your interview you can answer truthfully, but that sort of evidence is not required to be in your packet at all.

This makes a lot more sense to me.

I also want to make sure that I got the cost of everything correct and not missing anything. Is there anything on top of the $355 for the I-130, $1010 for the I-485, $340 if I want the EAD and $305 if I want the AP? I simply referenced this for the fees. Am I correct that only the I-130 and I-485 are mandatory, and EAD would only be for if I want to work during the waiting period and AP for if I ever want to visit another country, but neither would help or hinder my actual AOS application?

Also, being that the I-130 and I-485 are concurrent applications, would my new period of authorized stay begin when BOTH of these files are received and being reviewed or would I be alright so long as one of them is being processed? Or do they always review them simultaneously anyways and that this is a moot point?

[Harpa Timsah 13,258]

Janey What you found is 5 years old. Please use the guide I linked. The fees you have there are very outdated. Look over the guide, and read the instructions for each form. I think you are putting the cart before the horse here.

EAD and AP is free when filed with the I-130/I-485 package. I-130 is $420 and I-485 is $1070.

[ValerieA 350]

It is $420 for the I-130 and $1,070 for the I-485. The fees for the EAD and AP are waived if filed with the other forms, so your total is $1,490.

Your period of authorized stay starts when the I-485 is received, technically. You should send all forms in the same package, though. I think Harpa linked the guide above.

ETA: OK, basically exactly what Harpa just said. It's not that I'm a slow typer, I got a phone call half way through. Really!

Edited January 18, 2013 by ValerieA

[sciencenerd 56]

You should be fine applying for AOS. Since you haven't overstayed, you can go back to Canada to visit when you get AP, which doesn't take that long (it was 1-2 months when we applied a few years ago). Follow the VJ guide exactly and you likely won't have any problems. Good luck!

[blankmedia 41]

Hi everyone,

I am a Canadian currently in the US visiting my boyfriend. It was only intended to be a 2 month visit for the holiday season (which was what I told them at the border) but now we have decided we want to get married. Would applying for an AOS be the better route if I want to continue to stay in the US? Or is the CR-1 still the better option for us? How would something like the 245k "180 Day Rule" apply here?

To shed some light, we've been together for 10 years and we both live by the border of our countries, so would therefore just frequently drive back and forth to see each other. I had no idea that by a turn of event we will be getting married. Is the easier way to simply continue this back and forth visit while filing for the CR-1, or can I just stay in the US and apply for an AOS (and EAD/AP) while I am already in the country legally as a visitor? I understand the process can be long so how will this impact my status here in US while waiting for all the paperwork to be approved? Do we still have to look into K1 or K3 before applying for AOS? We just want to know all our options here while we are still well within the laws of everything.

Thanks,

Janey

We were in the same situation, my wife just got her greencard approved yesterday. AOS took 89 days. I recommend you go this route.

[JaneyD 0]

Thank you both! I am doing my research as I am posting here so you guys have sped things up for me tremendously. I promise you that I am still doing my own homework, it's just also really nice being able to consult others who have more experience in this! I am reading through the official website right now in order to get the finer details.

Again, you guys are great. Thank you!

You should be fine applying for AOS. Since you haven't overstayed, you can go back to Canada to visit when you get AP, which doesn't take that long (it was 1-2 months when we applied a few years ago). Follow the VJ guide exactly and you likely won't have any problems. Good luck!

That is much faster than we were prepared to wait! The VJ guides and community is amazing. We almost got a lawyer involved even though our case seemed pretty simple because we just had so many unanswered questions and doubts.

We were in the same situation, my wife just got her greencard approved yesterday. AOS took 89 days. I recommend you go this route.

This is really reassuring to hear! Congratulations to you and your wife. I hope things go as smoothly for us as it did for you.

Edited January 18, 2013 by JaneyD

[blankmedia 41]

Thank you both! I am doing my research as I am posting here so you guys have sped things up for me tremendously. I promise you that I am still doing my own homework, it's just also really nice being able to consult others who have more experience in this! I am reading through the official website right now in order to get the finer details.

Again, you guys are great. Thank you!

That is much faster than we were prepared to wait! The VJ guides and community is amazing. We almost got a lawyer involved even though our case seemed pretty simple because we just had so many unanswered questions and doubts.

This is really reassuring to hear! Congratulations to you and your wife. I hope things go as smoothly for us as it did for you.

Just follow the instructions to the forms very carefully and you will be fine. (I-485 and I-130). Also, in Canada there are two different Birth Certificates, one with your parents names included (long form) and one without (short form). You will need the Long-Form certificate to apply. If you do not have it, you should order that today from your provincial birth website.

Good Luck!

[bestest 1]

It's your choice to do AOS or go with CR-1, but you have the wrong guide for AOS. You do not have a K1 or K3 so that is NOT for you. Here is an AOS guide appropriate for your situation. http://www.visajourney.com/content/i130guide2 It's called a I-130/I-485 CONCURRENT application. Good luck!

I don't understand how the correct guide answered the question. What should a Canadian do for #4 - entry stamps and #5 and I-94. Also, what should be filled out on the I-485 for the I-94 number?

Thanks in advance!