I'm so fried, please someone explain a few things to me...

[sunlakes 0]

Hi. First off, I realize you get these questions constantly, I'm not the most internet capable and have searched until I have a headache, finding often contradictory answers even within the same forums. So I'm just gonna ask a few plain English questions, and hope for a few answers in kind.

I am an LPR, still have about 30 months until I can apply for Naturalization.

I have been dating a Canadian citizen for almost two years, we visit back and forth every three months and once a year she spends two months with me here.

I want to marry her. She knows this, it's pretty much a foregone conclusion - she just doesn't know exactly how soon... She's coming to visit for October and November and I'm planning a huge thing with taking her to a special place and proposing. Like I already have the ring. I'm crazy about her and I've been so excited for this coming up. Nobody but her sister knows, and she only knows because I wanted her to sneak her ring size.

Just to clarify she HAS NO IMMIGRANT INTENT WHATSOEVER, she thinks she's coming for a regular visit, and will be going back to her job as usual. Basically I want to surprise the hell out of her.

That in mind, it'll be F2A AOS, since she's not gonna want to go back to Canada for two years and frankly, I'm not gonna want her to either if there's a legal way to avoid it, which there is... I understand the general system of the F2A AOS route but I've gotten a couple of red flags doing "extra" research and now I'm freaking the *%^* out and would really like someone to explain and clarify a couple of things for me....

Firstly, I understand that with F2A AOS she will not be able to file a 765 until she has a PD to file the 485. I'm more than willing (and able) to support her for the time between 130 approval and PD. I understand that if the PD happens to be current (as it was last year) we can file concurrently as with a Citizen AOS, and I understand that that is unlikely to be happening given the recent bulletins, I'm good with that. This woman literally brought me back from the brink of suicide, I can deal with buying her shoes for a year.

But I just realized that in order for her to AOS, she has to "remain lawfully present". Wait a minute... dude... Okay I get that she has to be inspected and lawfully present to file the i130 but is this saying that she has to remain lawfully present and maintain status for the whole thing, like, up to and including sending the 485 off? How is that even possible, on a 6 month Canadian visa waiver?

Please tell me that if we file the i130 properly, she will be considered lawfully present while waiting on the PD? I get she can't work, I get all that, but will she be considered lawfully present after i130 approval? If not please explain how that makes sense, you have people on 6 month waivers and B/T visas and a 2 year wait time, how can the possibly retain lawful status?

Let's say, worst case, we have an approved 130, send off the 485, and they come back and say "sorry, she didn't maintain lawful status" - can we keep the PD from the i130 petition and send her home for a few months to consular process? Or do we have to start the whole damn thing again and wait more years?

I know I sound a bit freaked out here and I'm sorry, it's not the usual "omg I don't wanna be without my boo", and I'm not gonna share a sob story, but basically I was "in limbo" myself for eight years and then ended up self petitioning under VAWA - I've so paid my %^*%*^ dues with regards to being a phantom in an imaginary line.... Please god tell me this isn't gonna happen...? I mean I'll wait ten ^%^* years if needs be, she's everything to me, but I was REALLY, REALLY hoping that that wasn't gonna be necessary...

Thank you so much in advance.

[Boiler 45,168]

As you said she will be illegal if she stays here, have you thought of moving to Canada?

[sunlakes 0]

No. I just sank over a decade of my life into becoming American, most of which was utterly miserable, and I have an eight year old daughter here, that isn't an option.

Are you saying unequivocally that she will not be considered in lawful presence during the period between i130 approval and being able to file the 485?

[milimelo 4,456]

There is no way for her to AOS with the VB the way it is. Get engaged, get married but realize you two WILL spend time away from each other until her PD is current.

[aaron2020 11,651]

Hi,

You got this so wrong that I had to break out my laptop to give you a reply.

Giving you the short and blunt answers so please don't be offended.

If what you wanted was possible, then why are so many US citizens separated from their Canadian partners for 8-16 months for immigration visas?

The I-130 dose not allow your fiancee to be in the US.

You can not file for AOS since the PD date for the F2a category is not current.

You can file the I-130, but she has to wait in Canada for about 2 years for her PD to become current before she can apply for an immigration visa. This is the only path available to you and her.

Hi. First off, I realize you get these questions constantly, I'm not the most internet capable and have searched until I have a headache, finding often contradictory answers even within the same forums. So I'm just gonna ask a few plain English questions, and hope for a few answers in kind.

I am an LPR, still have about 30 months until I can apply for Naturalization.

I have been dating a Canadian citizen for almost two years, we visit back and forth every three months and once a year she spends two months with me here.

I want to marry her. She knows this, it's pretty much a foregone conclusion - she just doesn't know exactly how soon... She's coming to visit for October and November and I'm planning a huge thing with taking her to a special place and proposing. Like I already have the ring. I'm crazy about her and I've been so excited for this coming up. Nobody but her sister knows, and she only knows because I wanted her to sneak her ring size.

Just to clarify she HAS NO IMMIGRANT INTENT WHATSOEVER, she thinks she's coming for a regular visit, and will be going back to her job as usual. Basically I want to surprise the hell out of her.

That in mind, it'll be F2A AOS, since she's not gonna want to go back to Canada for two years and frankly, I'm not gonna want her to either if there's a legal way to avoid it, which there is... I understand the general system of the F2A AOS route but I've gotten a couple of red flags doing "extra" research and now I'm freaking the *%^* out and would really like someone to explain and clarify a couple of things for me.... You can not file for AOS since the F2a category is not current. Only F2a with PD of May 1, 2012, or earlier can file for AOS at this point.

Firstly, I understand that with F2A AOS she will not be able to file a 765 until she has a PD to file the 485. I'm more than willing (and able) to support her for the time between 130 approval and PD. I understand that if the PD happens to be current (as it was last year) we can file concurrently as with a Citizen AOS, and I understand that that is unlikely to be happening given the recent bulletins, I'm good with that. This woman literally brought me back from the brink of suicide, I can deal with buying her shoes for a year. Not going to happen since she you can not file for AOS. Filing for AOS means filing the I-485. Don't know why you mention filing for AOS and then much later filing the I-485 since both are the same thing.

But I just realized that in order for her to AOS, she has to "remain lawfully present". Wait a minute... dude... Okay I get that she has to be inspected and lawfully present to file the i130 but is this saying that she has to remain lawfully present and maintain status for the whole thing, like, up to and including sending the 485 off? How is that even possible, on a 6 month Canadian visa waiver? It is not possible so that is why your plan is not doable. She can not wait in the US for 2 years until her PD is current. She needs a non-immigrant visa that would allow her to be here - work visa, etc.

Please tell me that if we file the i130 properly, she will be considered lawfully present while waiting on the PD? No. She will be out of status and her overstay will not be forgiven since you are still an LPR, and her AOS will be denied. I get she can't work, I get all that, but will she be considered lawfully present after i130 approval? If not please explain how that makes sense, you have people on 6 month waivers and B/T visas and a 2 year wait time, how can the possibly retain lawful status? Have a non-immigrant visa that allows her to stay here.


Let's say, worst case, we have an approved 130, send off the 485, and they come back and say "sorry, she didn't maintain lawful status" - can we keep the PD from the i130 petition and send her home for a few months to consular process? No. She applied for something she was not qualified for, so her there is no protection of her time here while the AOS is pending. Or do we have to start the whole damn thing again and wait more years? Wait 3 or 10 years since she would have one of those bans for being in the US illegally.


I know I sound a bit freaked out here and I'm sorry, it's not the usual "omg I don't wanna be without my boo", and I'm not gonna share a sob story, but basically I was "in limbo" myself for eight years and then ended up self petitioning under VAWA - I've so paid my %^*%*^ dues with regards to being a phantom in an imaginary line.... Please god tell me this isn't gonna happen...? I mean I'll wait ten ^%^* years if needs be, she's everything to me, but I was REALLY, REALLY hoping that that wasn't gonna be necessary...

You do what everyone else in your position do, you wait patiently. Go and look at other cases on this forum. You are not alone. Everyone who petitions a fiancee has to endure separation. Fortunately for you, Canadians can freely visit the US. Unfortunately for many of the people here, their fiancees visiting the US is not even possible. Feel lucky for that. You are in a better position than most LPRs and even a few US citizens who fiancees can not visit the US.


Thank you so much in advance.

Edited July 3, 2014 by aaron2020

[belinda63 3,030]

She can come to visit but she cannot stay. For the spouse of an LPR to adjust status in the US he/she must be in a lawful status position when the AOS is filed. Overstays ARE NOT forgiven for immediate family members of LPRs.