An American and a Canadian, Adjustment of Status

[Ontarkie 14,549]

Just now, Roel said:

But if they aren't in the US right now, then the CR1 is the way to go.

Right! 

[Binna 108]

16 minutes ago, Alabamak1 said:

that sound like skipping the line though. No wait and just AOS

Interestingly, there is a topic discussing similar concerns about AOS and intent.

 

 

 

30 minutes ago, Ontarkie said:

Yes you can AOS this time as your plans changed after he entered

 

[Ontarkie 14,549]

5 minutes ago, Binna said:

Interestingly, there is a topic discussing similar concerns about AOS and intent.

 

 

 

 

That is not an official site just a lawyers two cents. 

[Foreign Fantasy 52]

I would say we gave her plenty of information, he can adjust status and wait to work till he receives authorization and not leave the States till then, or go the CR-1 route and finish up in Canada and be immediately able to work upon arrival on that visa.

[Binna 108]

6 minutes ago, Ontarkie said:

That is not an official site just a lawyers two cents. 

I agree with you on the article not being an official stuff. I was referring to the interesting discussions and individuals opinion on the subject matter following the article.

 

IMO, over all, there is just no way to determining if one is truthfully applying for AOS because their plans changed after they arrived.

[Unlockable 7,316]

1 hour ago, Alabamak1 said:

Just a question then...anybody on a tourist visa, vwp or esta can just come into the USA and do AOS just because they say the changed their mind? 

 

56 minutes ago, Ontarkie said:

Yes, if they changed their mind after entry. 

 

Yes. The famous "Change of Mind" or better known on VJ as the "Baggage Claim Syndrome". VJ Definition: When a person who previously had no intentions of of immigrating to the US but upon passing the POE officer, has a change of mind while collecting their luggage.

 

Many topics have been discussed on here on whether a not measures should be put in place to curb such ailments as the Baggage Claim Syndrome. Here is one of the most active threads about it...

 

 

[yuna628 9,747]

OP: If your plans have changed what you describe is one valid option that some do use.

 

However, before you utilize that option, consider other factors to weigh it carefully.

 

Your husband currently has a job in Canada, and also likely has healthcare in Canada, and as a Canadian citizen can likely travel back and forth to visit you with an ease that many cannot.

 

If you AOS now all of that goes away. He'll be unable to travel back home. He'll be unable to work until authorized. The EAD/AP does not typically come until 90 days after filing, however lately, it's been taking even longer. It will be entirely up to you to support him financially, find him healthcare and insurance or add him to your own plan. He can leave but once out of the country, he can't come back without having that authorization already. The green card will take a year or more to finally come.

 

The benefit of continuing on with a spousal visa, is that once granted he will have a green card to begin working right away and he won't be stuck if there's an emergency to attend to back home. While waiting for the spousal visa he can continue to work and save up money for your future together, and get his current living situation in order. He can even continue to visit.

[thatonegirlsays 0]

5 minutes ago, yuna628 said:

OP: If your plans have changed what you describe is one valid option that some do use.

 

However, before you utilize that option, consider other factors to weigh it carefully.

 

Your husband currently has a job in Canada, and also likely has healthcare in Canada, and as a Canadian citizen can likely travel back and forth to visit you with an ease that many cannot.

 

If you AOS now all of that goes away. He'll be unable to travel back home. He'll be unable to work until authorized. The EAD/AP does not typically come until 90 days after filing, however lately, it's been taking even longer. It will be entirely up to you to support him financially, find him healthcare and insurance or add him to your own plan. He can leave but once out of the country, he can't come back without having that authorization already. The green card will take a year or more to finally come.

 

The benefit of continuing on with a spousal visa, is that once granted he will have a green card to begin working right away and he won't be stuck if there's an emergency to attend to back home. While waiting for the spousal visa he can continue to work and save up money for your future together, and get his current living situation in order. He can even continue to visit.

Thanks for your detailed response! We have been doing the back and forth for nearly 3 years, so while the CR-1 is preferred, It would be another year, year and a half before he could come here, with another few grand in airfare (we live on opposite sides of North America and flights aren’t cheap), so neither option is great financially.

[Crazy Cat 42,563]

10 minutes ago, yuna628 said:

OP: If your plans have changed what you describe is one valid option that some do use.

 

However, before you utilize that option, consider other factors to weigh it carefully.

 

Your husband currently has a job in Canada, and also likely has healthcare in Canada, and as a Canadian citizen can likely travel back and forth to visit you with an ease that many cannot.

 

If you AOS now all of that goes away. He'll be unable to travel back home. He'll be unable to work until authorized. The EAD/AP does not typically come until 90 days after filing, however lately, it's been taking even longer. It will be entirely up to you to support him financially, find him healthcare and insurance or add him to your own plan. He can leave but once out of the country, he can't come back without having that authorization already. The green card will take a year or more to finally come.

 

The benefit of continuing on with a spousal visa, is that once granted he will have a green card to begin working right away and he won't be stuck if there's an emergency to attend to back home. While waiting for the spousal visa he can continue to work and save up money for your future together, and get his current living situation in order. He can even continue to visit.

^^This^^   This is well-thought-out advice.......

[bad4tatt 168]

2 hours ago, thatonegirlsays said:

So! My now husband (Canadian) and I (American) met via Twitter about 4 years ago, and have been together for nearly 3 years, with visits to each other about every 2 months, and we got married in April at a small ceremony attended by my family and friends. My new husband went back to Canada a couple days after the ceremony, and I started pulling together paperwork for us to begin the CR-1 process. He’s just returned this week so we can set up our joint checking account, etc., and he had planned to return home again,  but the thought of him going home and has made us consider the prospect of an adjustment of status. The process seems fairly straight forward (or, as straight forward as it can for immigration), but wondering if anyone has any words of wisdom or words of caution against it? I have a great job and make well above the income needed to support a spouse, and we have photos of us together with family and friends, letters from my family, a LOT of plane ticket receipts, etc. so I think we meet any sort of evidence requirements. Open to thoughts, suggestions, before heading off to find an immigration lawyer! 

Do the CR1 route. Approvals are faster especially coming from Canada. 

[thatonegirlsays 0]

13 minutes ago, bad4tatt said:

Do the CR1 route. Approvals are faster especially coming from Canada. 

A family friend who is an immigration attorney said it could be up to 18 months, and said nothing about Canada being faster, haha. 

[mushroomspore 3,044]

1 minute ago, thatonegirlsays said:

A family friend who is an immigration attorney said it could be up to 18 months, and said nothing about Canada being faster, haha. 

Yeah, technically nobody can predict an individual case's timing and nobody can make it go fast or slow (I don't know why some people think lawyers make cases go faster...they don't have any adjudicating power). Anyways, the best anyone gets is an estimate. But the good thing about being Canadian is that we're a low fraud country and very friendly with the US so we generally don't get the scrutiny other countries get.

 

Anyways your original plan with the CR1 is totally fine and probably the best one. Your spouse can continue to work in Canada and then work immediately upon arrival in the US. AoS has the benefit of you guys staying together but as other people have pointed out, your spouse cannot work or leave the US without authorization and this may take up to half a year or more to approve.

[thatonegirlsays 0]

1 minute ago, mushroomspore said:

Yeah, technically nobody can predict an individual case's timing and nobody can make it go fast or slow (I don't know why some people think lawyers make cases go faster...they don't have any adjudicating power). Anyways, the best anyone gets is an estimate. But the good thing about being Canadian is that we're a low fraud country and very friendly with the US so we generally don't get the scrutiny other countries get.

 

Anyways your original plan with the CR1 is totally fine and probably the best one. Your spouse can continue to work in Canada and then work immediately upon arrival in the US. AoS has the benefit of you guys staying together but as other people have pointed out, your spouse cannot work or leave the US without authorization and this may take up to half a year or more to approve.

Yeah I didn’t go the lawyer thinking that I could get VIP treatment, I just don’t have any personal knowledge of immigration timelines so wanted insight into what I could expect,  but thanks for assuming ;).

[Binna 108]

14 minutes ago, thatonegirlsays said:

A family friend who is an immigration attorney said it could be up to 18 months, and said nothing about Canada being faster, haha. 

18 months is really a stretch and not that common based on VJ timelines. Majority here takes about 12 to 14 months. Mines was exactly 12 months from filing petition to entering the US.

[bad4tatt 168]

1 hour ago, thatonegirlsays said:

Thanks for your detailed response! We have been doing the back and forth for nearly 3 years, so while the CR-1 is preferred, It would be another year, year and a half before he could come here, with another few grand in airfare (we live on opposite sides of North America and flights aren’t cheap), so neither option is great financially.

What I would do is call USCIS ask where the California office (assuming you are filing from California) is at with the I-130 just because it is not showing on the site as updated.  I-485 is showing 12 - 23.5 months.  My I-485 was showing 12-13 and my interview came on the 13th month.  Canada is not a high fraud country so you will not be looked at with that extra scrutiny that say a couple from the Philippines would.