Are we being punished for being Canadians?

[Asamu 0]

Should I abandon my I129 and file an AOS?

So far I have been pursuing K3 (I129). It is still pending at the moment at CSC.

Last week, I was introduced to a fellow Canadian who only filed for AOS after waltzing into

the US on the visa waiver program. They have been approved and living happily ever after.

Now, why do most of us follow this K3 process, if an AOS is possible? For once you are don going through K3 we still have to go through AOS. I thought because I did not

have an 'A' number or a I94, I had to follow the K3. Would someone kindly make sense... for I am

praying I did not just waist time and money and will still waist more time and money when the case reaches Montreal.

For if an AOS is available - my be I should pack my bags and find the first flight out!

HELP!!!

[Flames9_RN 358]

One (from any country) can not with INTENT goto the States and then just AOS, it is illegal. If by chance ur in the USA already, then decide to AOS, that is fine. Doin git the right way takes time, and you have just started the journey , one just has to be patient. Best of luck

[Saddle Bronc 124]

Should I abandon my I129 and file an AOS?

So far I have been pursuing K3 (I129). It is still pending at the moment at CSC.

Last week, I was introduced to a fellow Canadian who only filed for AOS after waltzing into

the US on the visa waiver program. They have been approved and living happily ever after.

Some correction--Canada and US ARE NOT on "Visa Waiver Program"; there is a completely different setup.

And, are you sure that this Canuck was just VISITING US originally--or did he/she enter on temp work (or student) visa (under which it is perfectly legitimate to file AOS)?

Now, why do most of us follow this K3 process, if an AOS is possible? For once you are don going through K3 we still have to go through AOS. I thought because I did not have an 'A' number or a I94, I had to follow the K3. Would someone kindly make sense... for I am praying I did not just waist time and money and will still waist more time and money when the case reaches Montreal.

Also, not true that AOS HAS to be done after K-3--a K-3 holder can do consular processing (continue processing I-130 at consulate--in which case he/she will have to make another trip to Montreal)

Plus, can you show me how you arrived at the "most" (considering many of the Canucks have done K-1)?

(and if you want something to REALLY grouse about, I can tell you my story of headaches and delays while pursuing an EB Green Card!)

Edited March 21, 2007 by CherryXS

[notrepetiteashley 0]

Why do so many people think Canada is a participant in the VWP??? Not being rude, just wondering why this is such a common mistake. Is it possible that people arrive and don't understand their status? Weirdness. Oh, wait...maybe when someone says "I came to the US as a visitor" people assume it means VWP. ???

[Asamu 0]

One (from any country) can not with INTENT goto the States and then just AOS, it is illegal. If by chance ur in the USA already, then decide to AOS, that is fine. Doin git the right way takes time, and you have just started the journey , one just has to be patient. Best of luck

I clearly understand the INTENT part, no doubt about it. That is why I am on this K3 journey. But how can someone just "happen" to be in the US? You either are on a student visa/TN to AOS other than that you may be visiting - but you can only stay for so long before you fall out of status. Can a person who is out of status file an AOS - just asking - go on easy - it's just a question...

Thanks for your reply though! ;-)

[Saddle Bronc 124]

And you STILL didn't answer about how you got "most Canucks doing K-3", Asamu!

[Asamu 0]

Should I abandon my I129 and file an AOS?

So far I have been pursuing K3 (I129). It is still pending at the moment at CSC.

Last week, I was introduced to a fellow Canadian who only filed for AOS after waltzing into

the US on the visa waiver program. They have been approved and living happily ever after.

Some correction--Canada and US ARE NOT on "Visa Waiver Program"; there is a completely different setup.

And, are you sure that this Canuck was just VISITING US originally--or did he/she enter on temp work (or student) visa (under which it is perfectly legitimate to file AOS)?

Now, why do most of us follow this K3 process, if an AOS is possible? For once you are don going through K3 we still have to go through AOS. I thought because I did not have an 'A' number or a I94, I had to follow the K3. Would someone kindly make sense... for I am praying I did not just waist time and money and will still waist more time and money when the case reaches Montreal.

Also, not true that AOS HAS to be done after K-3--a K-3 holder can do consular processing (continue processing I-130 at consulate--in which case he/she will have to make another trip to Montreal)

Plus, can you show me how you arrived at the "most" (considering many of the Canucks have done K-1)?

(and if you want something to REALLY grouse about, I can tell you my story of headaches and delays while pursuing an EB Green Card!)

What visa if any did they enter into the US with - I will get back to you with that... I was stuck up with the AOS thing... be sides he is not attending school and the job that they have - they have obtained it after being granted their employment authr. I will contact him in regards to this question for his story just sounded too good to be true... Anyway... thanks for your reply!

[notrepetiteashley 0]

One (from any country) can not with INTENT goto the States and then just AOS, it is illegal. If by chance ur in the USA already, then decide to AOS, that is fine. Doin git the right way takes time, and you have just started the journey , one just has to be patient. Best of luck

I clearly understand the INTENT part, no doubt about it. That is why I am on this K3 journey. But how can someone just "happen" to be in the US? You either are on a student visa/TN to AOS other than that you may be visiting - but you can only stay for so long before you fall out of status. Can a person who is out of status file an AOS - just asking - go on easy - it's just a question...

Thanks for your reply though! ;-)

Yes. My husband came to the US from Canada on a visit (we were not married at this time, just in love) and we decided to marry. Due to crazy circumstances, he became out of status for like, 2 years and we didn't even know it (long story)...anyway....Yes, a person who is out of status can file AOS, we did it and the proof is in the green card stored in my husband's wallet.

[Asamu 0]

And you STILL didn't answer about how you got "most Canucks doing K-3", Asamu!

That is simple - read the K3 forum. Am I heading up the wrong path?

I am here to learn!

[Asamu 0]

Yes. My husband came to the US from Canada on a visit (we were not married at this time, just in love) and we decided to marry. Due to crazy circumstances, he became out of status for like, 2 years and we didn't even know it (long story)...anyway....Yes, a person who is out of status can file AOS, we did it and the proof is in the green card stored in my husband's wallet.

Congrats on your husbands GC notrepetiteashley! Let me ask you this. How did you resolve the issue of him not having an I94 or when an 'A' was requested? For that is one question my dear new friend could not remember - Could just be convenient on his part? I am still confused... but hope to get out of this cloud...

[notrepetiteashley 0]

Well, he was never given an I-94. At our AOS interview I told the officer that on travel.gov (a government website) it states that Canadians are often allowed into the US with just an ID for visits. This is all they asked my husband for, they didn't ask to see a passport, nothing like that. Therefore, he had no stamp in his visa, no I-94, nothing. He accepted this answer, but said if we had been from Mexico he could not have approved our application because we technically could not *prove* he came to the US legally. I said, well, don't you have all the info in your computer from when he was inspected at the border (POE)??? He said, No! It was scary. I'm not saying this is the way to go, I'm just saying it's what we did. Looking back....what an adventure it was! A very, very stressful adventure.

[Saddle Bronc 124]

And you STILL didn't answer about how you got "most Canucks doing K-3", Asamu!

That is simple - read the K3 forum. Am I heading up the wrong path?

I am here to learn!

Replying in a forum DOES NOT MEAN that the poster is actually taking that path. You may see my replies in DCF or K-3--but I brought Pras in on K-1.

[Singers 0]

One (from any country) can not with INTENT goto the States and then just AOS, it is illegal. If by chance ur in the USA already, then decide to AOS, that is fine. Doin git the right way takes time, and you have just started the journey , one just has to be patient. Best of luck

I clearly understand the INTENT part, no doubt about it. That is why I am on this K3 journey. But how can someone just "happen" to be in the US? You either are on a student visa/TN to AOS other than that you may be visiting - but you can only stay for so long before you fall out of status. Can a person who is out of status file an AOS - just asking - go on easy - it's just a question...

Thanks for your reply though! ;-)

We just had this happen to us. My husband came to the States to visit. We got stopped at immigration and he almost wasn't allowed back into the country. After 1.5 hours in the office and being grilled with questions etc, he said that he was convinced my husband was just visiting and let him into the country. (I-94 in his passport no A- number) When we arrived back at my home, his I-130 approval was in the mailbox!! (Freak occurence. Especially since the website for our I-130 status wasn't updated until two weeks later!! )

It stated in the directions to file AOS (I-485). I called USCIS to confirm this is possible since he was really only visiting and they said yes. So we're filing AOS and forgetting about the I-129f.

[athena_ny 1]

Well, my husband came here to visit his dad, was going to return for a student visa and overstayed by a few months so he didn't do that ... then when his dad fell off a roof and died, he and his sister were for sure going to return until they were told they could have a good lawsuit against his father's employers. So that's how he "happened" to be in the US. And he is out of status, but it's forgiven through marriage to a USC.

One (from any country) can not with INTENT goto the States and then just AOS, it is illegal. If by chance ur in the USA already, then decide to AOS, that is fine. Doin git the right way takes time, and you have just started the journey , one just has to be patient. Best of luck

I clearly understand the INTENT part, no doubt about it. That is why I am on this K3 journey. But how can someone just "happen" to be in the US? You either are on a student visa/TN to AOS other than that you may be visiting - but you can only stay for so long before you fall out of status. Can a person who is out of status file an AOS - just asking - go on easy - it's just a question...

Thanks for your reply though! ;-)

[Asamu 0]

We just had this happen to us. My husband came to the States to visit. We got stopped at immigration and he almost wasn't allowed back into the country. After 1.5 hours in the office and being grilled with questions etc, he said that he was convinced my husband was just visiting and let him into the country. (I-94 in his passport no A- number) When we arrived back at my home, his I-130 approval was in the mailbox!! (Freak occurence. Especially since the website for our I-130 status wasn't updated until two weeks later!! )

It stated in the directions to file AOS (I-485). I called USCIS to confirm this is possible since he was really only visiting and they said yes. So we're filing AOS and forgetting about the I-129f.

Wow Singers - that is a hell of a story - 1.5 hours - is a hot seat for anyone! Glad he made it. ;-)

I may just stay put and wait this K3 out... ;-(

Thanks to all who replied - each reply is valuable!! Best of luck to everyone!!