Canadian visiting US spouse. is adjustment of status possible?

[bestest 1]

Hi, I'm new to the forum, so tell me if I'm posting in the wrong place...

My story is a bit complicated.

I'm a Canadian. I married a US citizen almost 4 years ago. Until a few months ago we lived on the other side of the Atlantic.

Now we moved to the US. That is my wife moved to the US. I have a Canadian address and come to visit her often (Im in America probably 95% of the time) and for long periods of time. We still haven't filed for anything but finally we are getting our act together and are about to send out the i-130 with all needed documents.

I just came into the US for probably the fifth time or so since we moved to this side of the ocean. And they didn't let me through the border because I didn't bring documents proving my ties to Canada. Anyway, the next day I tried again, this time with documents, and was successful.

At the border they asked when I am planning on coming back to Canada. I told them September 15. They said OK they "will put that date into the system". They didn't put anything in my passport and let me in.

My questions are as follows;

1.Do they really follow that date, and will I be in trouble if I over stay it?(considering that I don't have an I-94 since I am a Canadian nor do I have any other stamp in my passport.)

2. I am nervous that after I come back to Canada, I will encounter further issues returning to the states. Can I file right now for adjustment of status?

3. Can I go on the Ir-1 path (much cheaper than i-485) and not return to Canada until my interview?

Whoa, sorry for the length. I will really appreciate answers thanks in advance!!!!

[Harpa Timsah 13,258]

You can file AOS now as long as you were truthful at POE. You cannot file IRI and wait here.

[bestest 1]

You can file AOS now as long as you were truthful at POE. You cannot file IRI and wait here.

truthful about that I was planning to come back September 15th? It was definitely going to be very likely.

Why can't I apply for Ir-1?

Edited August 12, 2013 by bestest

[Harpa Timsah 13,258]

You can apply for IRI but you can't wait here while you do it. You will incur a ban for overstaying. You could file IRI and continue to visit like normal. Showing you are pursuing the spousal visa process will show border patrol you are on the straight and narrow.

[bestest 1]

Will they allow me to continue making my long visits. Like I said I am in Canada for a very short amount of time. I would love to be able to continue going back and forth for a few days to a week every 2 months or so. I am just nervous that my blow up on me. They won't think I am just visiting.

[Hypnos 6,576]

Generally, tourists (as Canadian visitors are treated as) must spend more time outside the US than inside. Once CBP spot that you seem to be living in the US on a tourist visa (and given that you've been refused entry once then you've probably been flagged for extra attention whenever you cross the border) they will likely deny you entry again.

Edited August 12, 2013 by Hypnos

[bestest 1]

But if I over stay what I told them at the border while applying for the i-485... then that shouldn't cause me any problems?

Like I said, when I came in, I was planning to return back to Canada relatively shortly.

[Harpa Timsah 13,258]

But if I over stay what I told them at the border while applying for the i-485... then that shouldn't cause me any problems? Like I said, when I came in, I was planning to return back to Canada relatively shortly.

Well, they were trying to prevent you from doing what you are now considering doing. They guessed you would immigrate on a tourist visa and now you are. But as long as you didn't lie, and you are in the US now, you can do it.

[bestest 1]

To sum it up....

If I return to Canada like I told them (and was planning to at the time) I would likely be refused entry back into the states after a short stay in Canada. That is even if I had supporting evidence of ties to Canada.

However, If I stay in America and apply for adjustment of status that should work fine for me and I will not encounter issues at the border in the future for overstaying. This is the best option for me.

Is that right? .... . .. .I'm sorry for being redundant. and Thanks again

[grrrrreat 109]

To sum it up.... If I return to Canada like I told them (and was planning to at the time) I would likely be refused entry back into the states after a short stay in Canada. That is even if I had supporting evidence of ties to Canada. However, If I stay in America and apply for adjustment of status that should work fine for me and I will not encounter issues at the border in the future for overstaying. This is the best option for me. Is that right? .... . .. .I'm sorry for being redundant. and Thanks again

Technically it's very difficult for a Canadian to "overstay", unlike citizens of other countries. Canadians don't have defined durations of stay (i.e., 6 months). I think what CBP probably meant to imply was that your staying after September (which is what you told them you wanted to do) would raise red flags that you actually intended to immigrate. That could potentially cause problems at your NEXT trip across.

In any event, overstaying is not a problem for adjusting status as a spouse of a US citizen. However, you will not be able to travel between the U.S. and Canada until you have either an advance parole document (which you can submit an application for with your adjustment application) or LPR status (Green Card). If you leave the U.S. without either of those, your adjustment application will be abandoned and you'll be back at square one. Once you have advance parole or LPR card, immigrant intent is not an issue and CBP will not care how much time you've spent in the U.S. or Canada.

[bestest 1]

Thanks alot Harpa Timsa, Grrrrrreat and hipnos!!!

Just One last question. Am I going to have to prove to someone that my intent at time of entry was just a visit and not to remain in the country and immigrate?

if so, who and when am I going to have to prove this to?

What kind of proof could I use?

thanks again!

[canada_socks 97]

I thought that you could only adjust status from within the USA if you married in the USA and the intent to immigrate wasn't there in the beginning? I thought that once you left the USA, you would have to file for a spousal visa. Maybe I am wrong, but I think this way as being described here is a slap in the face to all of us who are doing this the proper way.

[bestest 1]

I thought that you could only adjust status from within the USA if you married in the USA and the intent to immigrate wasn't there in the beginning? I thought that once you left the USA, you would have to file for a spousal visa. Maybe I am wrong, but I think this way as being described here is a slap in the face to all of us who are doing this the proper way.

I'm sorry. I didn't mean to offend anyone. I did get married in USA but that was almost 4 years ago, as I said in my original post. I came in with the intent of a visit lasting a month and a half......Honestly :-) ..... My parents don't know I am thinking of changing my plans and expect me back around that time.... I even have my i-130 filled out for the purpose of getting an Ir-1.... Now as I understood, a change of plans is totally legal.....probably, if I would have known this before, then I would have only been able to cross the border planning on staying which is totally illegal. But as I said I crossed with intention to return to Canada and process immigration from there.

[grrrrreat 109]

I thought that you could only adjust status from within the USA if you married in the USA and the intent to immigrate wasn't there in the beginning? I thought that once you left the USA, you would have to file for a spousal visa. Maybe I am wrong, but I think this way as being described here is a slap in the face to all of us who are doing this the proper way.

The location of the marriage has nothing to do with immigrant intent or eligibility to adjust status.

[canada_socks 97]

The location of the marriage has nothing to do with immigrant intent or eligibility to adjust status.

I understand that. What I meant was I thought you could only adjust status from within the USA after you came in for a visit, got married and decided to stay all on that trip without planning it before said trip. Otherwise, what is the point of going through a spousal visa, if you could just come across and immigrate from within the USA? I realize that you can marry anywhere and then get a spousal visa.