Canadian nearing overstay, about to file I-130 and I-485

[Vespiano 1]

I'm a Canadian woman. I decided to visit my Alaskan girlfriend in December, but decided to stay for mental health reasons and to help my girlfriend with family issues. My 6 months will be up June 2nd and we haven't filed anything. I was told we only needed those two forms, but now I'm seeing that we apparently need to see a medical professional for another type of form, which my adviser told me nothing about. We can do that, but now I'm scared we don't have nearly enough prepared to be able to form in time. I'd very VERY much like to stay in the states, as going back home will cause problems (family wise.)

We have evidence of our relationship etc. The...normal things I was told to gather.

If I file, but overstay, what will happen? Will they notice I'm over my limit and kick me out? I entered on a B2, visitors visa.

[geowrian 22,338]

Once you file for AOS (I-485), you enter a period of authorized stay while your case is pending. You will not accrue any unlawful presence if you file before your legal stay expires.

 

Here's the guide to follow: http://www.visajourney.com/content/i130guide2

However, note that it's slightly outdated...the latest I-130 uses the I-130A as its supplement.

 

Edit: I'm assuming your girlfriend is a USC since you mentioned concurrent filing. This post should be in the "Adjustment of Status from Work, Student, & Tourist Visas" section since you entered with B2 status (Canadians usually don't use an actual visa)

Edited May 9, 2017 by geowrian

[Cryssiekins 976]

Have you two married yet?  (I didn't see that explicitly stated in the original post)

 

You will need to complete a medical exam, with a civil surgeon.

 

Just keep in mind, you cannot leave the US while your application is pending, until you receive Advanced Parole. 

[p-ana 933]

The medical part shouldn't be a concern just now, as the medical exam packet can be taken to the interview

[Vespiano 1]

  On 5/9/2017 at 1:33 AM, Cryssiekins said:

Have you two married yet?  (I didn't see that explicitly stated in the original post)

 

You will need to complete a medical exam, with a civil surgeon.

 

Just keep in mind, you cannot leave the US while your application is pending, until you receive Advanced Parole. 

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Yes, we're married, and she's a US citizen We got married April 20th. 

[Vespiano 1]

  On 5/9/2017 at 1:28 AM, geowrian said:

Once you file for AOS (I-485), you enter a period of authorized stay while your case is pending. You will not accrue any unlawful presence if you file before your legal stay expires.

 

Here's the guide to follow: http://www.visajourney.com/content/i130guide2

However, note that it's slightly outdated...the latest I-130 uses the I-130A as its supplement.

 

Edit: I'm assuming your girlfriend is a USC since you mentioned concurrent filing. This post should be in the "Adjustment of Status from Work, Student, & Tourist Visas" section since you entered with B2 status (Canadians usually don't use an actual visa)

Expand  

Sorry for the double post, I just saw this reply now.

 

She's indeed a USC, and we're married. We got married in April . Thanks so much, I wasn't sure where to post. I'll post there instead.

[geowrian 22,338]

  On 5/9/2017 at 1:56 AM, Vespiano said:

Sorry for the double post, I just saw this reply now.

 

She's indeed a USC, and we're married. We got married in April . Thanks so much, I wasn't sure where to post. I'll post there instead.

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No need to post again there. I was just noting it for the future.

[Cryssiekins 976]

  On 5/9/2017 at 1:54 AM, Vespiano said:

Yes, we're married, and she's a US citizen We got married April 20th. 

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Congrats on the marriage :-) (I'm Canadian too, married to a USC)

 

You can definitely file your AOS.  It's more ideal to do so before your current entrance allowance period ends, as to not accrue overstay (it's ignored for the purpose of AOS but would still be there.) 

 

Good luck - I hope it's a smooth process for you.  The medical stuff can be brought to the interview.