AOS for Canadian on visitor visa after marrying USC

[John Mats 0]

Hi,

I'm Canadian and I entered the US to visit my girlfriend for a few weeks in LA (I came in April). I had a return flight but I ended up staying longer than I had intended. I entered the US across the border and then flew to LAX. I just told the border agent I was coming to visit a friend. I had every intention of returning back to Canada and back to my job. I ended up resigning from my position and we're currently living together (joint lease, banks etc.). I proposed to my USC girlfriend and now we wanted to look at options for us before we get married. Additionally, my gf got naturalized just this week.

We were told that we could just get married and then file for AOS as I didn't intend to marry when I entered the country. I've also read that this can be a risky route. Our concern is when would be the best time to get married. Ideally for us it would be in December, but that makes me 3 months overstayed. Also would it be any concern since my gf just became a citizen - as in would they be suspicious that I might have come here with the intent to stay and just waited for her to become a citizen. Does it matter at all when we get married? Should we get married before my 6 months are up? I've also read that the longer I wait to get married from when I entered, the better my odds for getting approved.

How can I present my situation most favorable for my application for AOS.

Thanks a lot

[Penguin_ie 5,997]

**** Moving from General Immigration to AOS from Tourist Visa forum ****

[NickD 203]

Only advice I am going to give on this issue, you do not want to overstay your visa. Once my I-130 and wife's and stepdaughters I-485 was approved, they were allowed to stay here on a tourist visa, without I-94 limitations, but were not permitted to work nor go to school, and the APA wouldn't even permit my wife to be a joint member of my bank account due to that crazy APA law. To expedite that, we received EAD cards. We all had to attend our AOS interview.

With an EAD, were permitted to get a probationary SS card. Were asked if they overstayed their visa, was very careful on that issue, and that can be checked, that can lead to deep trouble. They both received an I-751 saying they were permitted to stay, but not work or go to school.

[Harpa Timsah 13,258]

Only advice I am going to give on this issue, you do not want to overstay your visa. Once my I-130 and wife's and stepdaughters I-485 was approved, they were allowed to stay here on a tourist visa, without I-94 limitations, but were not permitted to work nor go to school, and the APA wouldn't even permit my wife to be a joint member of my bank account due to that crazy APA law. To expedite that, we received EAD cards. We all had to attend our AOS interview.

With an EAD, were permitted to get a probationary SS card. Were asked if they overstayed their visa, was very careful on that issue, and that can be checked, that can lead to deep trouble. They both received an I-751 saying they were permitted to stay, but not work or go to school.

Post is contradictory. You're got your numbers wrong. i-485 is GC approval so would not require an EAD. I-751 is removal of conditions. You can work with EAD approved.

[NickD 203]

Post is contradictory. You're got your numbers wrong. i-485 is GC approval so would not require an EAD. I-751 is removal of conditions. You can work with EAD approved.

I did screw up on that I-751, must be smoking crack, meant to type that I-797C, notice of action, a general form, notifying my girls they were free to stay here.

But not on that I-485, a rather expensive form for adjustment of status and filled out by the immigrant. Along with a G-325A, I-693, free, but not doctor wise,. and also an I-765 for that EAD card. Reason for that, the AOS was so slow in processing, was taking 13 months, so they would be free to work and go to school. Also could be another form I am forgetting.

Once they received that I-797C, they were free to stay here without concerns of overstaying their I-94, but not permitted to work or go to school. But were not free to travel, there was another over priced form for that. It did take around 90 days for their EAD cards to come in.

Guess that I-751 is still in my mind, was accepted and approved, but instead of sending out those ten year green cards, received another I-797C that was a ony year extension notice on their then expired conditional green cards. Even that expired, so was forced to make an infopass appointment, make another 450 mile round trip and get I-551 stamps in their foreign valid passport books. In applying for US citizenship at the same time, must have expedited their ten year cards. Just received those only to give them back when they received their US citizenship certificates.

[ValerieA 350]

Overstay is forgiven when adjusting status based on marriage to a US citizen; the only caveat to that is there is a very small chance that you might come to the attention of ICE - say, if you went through a checkstop. I don't imagine the length of time since your spouse got citizenship would be a factor, but I don't know for sure. I do know that intent is not a factor unless you have serious other issues with your application. Use the guide http://www.visajourney.com/content/i130guide2 and good luck! The process takes 3-5 months, typically.

[ValerieA 350]

But were not free to travel, there was another over priced form for that. It did take around 90 days for their EAD cards to come in.

AP is no charge if included in the package these days, but if the applicant has overstayed, it is advisable to not risk using it.