AOS question

[444 0]

my canadian husband has been here with me in the states for 168 days as a visitor (no vissa). we are just now filing our paperwork. will he be able to stay here with me for the time the it takes to process?

my canadian husband has been here with me in the states for 168 days as a visitor (no visa). we are just now filing our paperwork. will he be able to stay here with me for the time it takes to process? thank you in advance

Edited April 3, 2014 by joDeezz

[444 0]

thank you in advance

[Jeremy12095 8]

I honestly can say I don't know, but I am very interested in finding out. I remember reading something about filing a form that would allow you to pay a penalty and your spouse could stay in the USA while the processing is completed. Don't quote me on that... But I will keep looking until I see something. Thanks for asking the question!

[444 0]

thank you

[444 0]

I honestly can say I don't know, but I am very interested in finding out. I remember reading something about filing a form that would allow you to pay a penalty and your spouse could stay in the USA while the processing is completed. Don't quote me on that... But I will keep looking until I see something. Thanks for asking the question!

http://www.visajourney.com/forums/topic/438723-can-spouse-stay-in-usa-indefinitely-while-waiting-for-i-130-and-i-485-approval/

Edited April 3, 2014 by joDeezz

[Caryh 5,206]

An open petition to adjust status puts the beneficiary in a period of authorized legal stay.

You did marry while he entered on this trip? If you married before, and are petitioning him from his country, then no he can't overstay.

Edited April 3, 2014 by Caryh

[444 0]

An open petition to adjust status puts the beneficiary in a period of authorized legal stay.

You did marry while he entered on this trip? If you married before, and are petitioning him from his country, then no he can't overstay.

please help...my husband traveled to canada to get letters of affidavit for bonafide marriage from friends and family. he was there 2 weeks. upon returning to the states the border issued a departure record that states he can only stay home with me, here in the states, for 2 weeks. we plan to file our paperwork for adjustment of status immediately. does that entitle him to stay here with me until it is all approved? and if so...what do we do with the departure record??

[444 0]

please help...my husband traveled to canada to get letters of affidavit for bonafide marriage from friends and family. he was there 2 weeks. upon returning to the states the border issued a departure record that states he can only stay home with me, here in the states, for 2 weeks. we plan to file our paperwork for adjustment of status immediately. does that entitle him to stay here with me until it is all approved? and if so...what do we do with the departure record??

please let me clarify...he entered the united states the end of september 2013. we were married october 13, 2013. we then traveled to Canada to visit his parents on October 24th and returned together October 28th. the paperwork has been extensive and has seemed to consume a lot of our time gathering all of the requested documentation....n so...the last bit of documentation needed was the the bonafide marriage affidavits he just returned with. so our plan is to file for adjustment of status, but now we are completely confused as the border has issued him with only a 2 week stay and has said that before he return again he must provide proof that he lives and works in canada. he doesn't have this proof because he has been here working on paperwork that we are finally ready to file. can anyone help us with this? thanks in adavance.

[444 0]

please help...my husband traveled to canada to get letters of affidavit for bonafide marriage from friends and family. he was there 2 weeks. upon returning to the states the border issued a departure record that states he can only stay home with me, here in the states, for 2 weeks. we plan to file our paperwork for adjustment of status immediately. does that entitle him to stay here with me until it is all approved? and if so...what do we do with the departure record??

please let me clarify...he entered the united states the end of september 2013. we were married october 13, 2013. we then traveled to Canada to visit his parents on October 24th and returned together October 28th. the paperwork has been extensive and has seemed to consume a lot of our time gathering all of the requested documentation....n so...the last bit of documentation needed was the the bonafide marriage affidavits he just returned with. so our plan is to file for adjustment of status, but now we are completely confused as the border has issued him with only a 2 week stay and has said that before he return again he must provide proof that he lives and works in canada. he doesn't have this proof because he has been here working on paperwork that we are finally ready to file. can anyone help us with this? thanks in adavance.

ALSO at the border...the officer assured him that we would have to complete interviews in quebec??? neither of us have read anything about that at the uscis website or this one here on visajourney....any ideas about that as well??

[Caryh 5,206]

please let me clarify...he entered the united states the end of september 2013. we were married october 13, 2013. we then traveled to Canada to visit his parents on October 24th and returned together October 28th. the paperwork has been extensive and has seemed to consume a lot of our time gathering all of the requested documentation....n so...the last bit of documentation needed was the the bonafide marriage affidavits he just returned with. so our plan is to file for adjustment of status, but now we are completely confused as the border has issued him with only a 2 week stay and has said that before he return again he must provide proof that he lives and works in canada. he doesn't have this proof because he has been here working on paperwork that we are finally ready to file. can anyone help us with this? thanks in adavance.

When he entered and you married, he could have adjusted status and he would have entered a period of authorized stay. He could not leave the USA during this process. Because he has left the country after the marriage, he is no longer eligible to adjust his status from within the USA. He may be allowed to visit, but it appears they are already clamping down on him. He must now obtain a CR-1 visa to move to and live in the USA.