Advice on considering AOS from Tourist Visa

[ourwildjourney 103]

Hi!  We are coming here to get advice and counsel from this community.  I am a male US Citizen in Los Angeles.  My girlfriend is from Canada.  Six weeks ago, she flew to Arizona to visit her friend in Phoenix and to visit Sedona.  She then extended her trip to visit friends and me in California.  For the last four weeks, she has been staying with my daughters and me and spending time with a lot of her friends in Southern California.  The four of us just drove together up the California Coast to spend time with my brothers and my parents over Thanksgiving.  We had a magical time. My daughters love her and don't want her to leave.  My family loves her and don't want her to leave.   I love her and don't want her to leave.  Most importantly, she loves us and doesn't want to leave. 

 

She still is here under a tourist visa for 5 months, so there is no problem with her staying.  However, we don't want to be apart in five months.  In the truest sense, her status is changing before our eyes.  

 

QUESTION: Are we crazy to get married and file for an AOS?  We know that it will be hard.  She won't be able to work.  She won't be able to leave the country.  We are weighing all of that.  However none of that feels as hard as it would be on us and my daughters to be apart in four months.

 

If we do decide to get married, does it matter where?  Does it matter when?  What is the best way for us to go about this in a way that allows her to work, drive, and travel as soon as possible?  

 

Again, we don't know if we will do this.  We have several months to decide.  But things are changing before our eyes and we need guidance from those who know the ins-and-outs so we can weigh all options.  

 

Thank you so much!

[debbiedoo 2,339]

You can do it without issue. we did.

 

once you file the AOS package, with the NOA1 from that she can probably get a DL. at least in virginia we were able to, but every state is different.

 

She will not be able to travel to canada and return here without AP or greencard in hand.

Edited December 7, 2019 by debbiedoo

[ourwildjourney 103]

4 hours ago, debbiedoo said:

You can do it without issue. we did.

 

once you file the AOS package, with the NOA1 from that she can probably get a DL. at least in virginia we were able to, but every state is different.

 

She will not be able to travel to canada and return here without AP or greencard in hand.

Thank you so much!  It’s such a big decision.  Her nephew was just born in Canada and her whole life is there—apartment, etc everything so it’s a big decision to even consider being stuck in the USA while she waits. Lots to consider. 
 

We have been reading a lot about the new 90 day rule. Sounds like if we do decide to get married, we should do it after she has been here for 90 days, right?  
 

Again, thanks so much!

[debbiedoo 2,339]

90 days is only applicable for k1 visa. 

 

Paul entered dec 2 or 3rd last year, we married xmas eve, and we filed aos in April. Not a single issue. 

[ourwildjourney 103]

5 minutes ago, debbiedoo said:

90 days is only applicable for k1 visa. 

 

Paul entered dec 2 or 3rd last year, we married xmas eve, and we filed aos in April. Not a single issue. 

That is so great to hear. And congratulations!  I wasn’t referring to the K1 90 days (as much as we are obsessed with the train wrecks on 90 Fiancé but I digress...😂).
 

Rather, have been reading and seeing that the new immigration rules assume that any change of status (marriage, AOS, etc) within the first 90 days can go to show intent of entry was to stay and not visit. It looks like that was a 30 day presumption in the past but now they want to see no adjustments in the first 90 days. 
 

It probably will take us another month or so to actually make our final decision so might not even be relevant. But worth getting all the info so we make the right choice. 
 

Thanks!

[mandsophia 160]

I adjusted successfully from a tourist visa from Canada a few months ago. My husband was in california, we got married after a few months (came for christmas and then decided to stay), applied on my 5th month of my visa then got approved about 2 months ago now. Very easy process and intent was never discussed. It did suck having to wait to work and some locations have longer processing times than others, but it was straight forward in terms of the actual interview and biometrics etc. You will have no problem as long as her criminal record is clean

[geowrian 22,337]

There is no 90 day rule for AOS. Any such 90 day rule is from DOS. AOS is handled by USCIS. Preconceived intent is not a reason for denial in your case.

 

20 hours ago, ourwildjourney said:

My girlfriend is from Canada.

...

She still is here under a tourist visa for 5 months, so there is no problem with her staying.

Unless she has some sort of issue (i.e. an inadmissibility like certain crimes or past US immigration violations), she presumably entered under B-2 status as a Canadian, but had no tourist visa. Visas are applied for at the consulate.

(This assumed being "from Canada" refers to her being a Canadian and not just a resident - citizenship is an important factor with immigration).

 

20 hours ago, ourwildjourney said:

If we do decide to get married, does it matter where?  Does it matter when?  What is the best way for us to go about this in a way that allows her to work, drive, and travel as soon as possible?  

Where? Doesn't matter. You could go to Vegas tonight and do it.

When? Whenever you want (before overstaying, of course).

Sooner you file for AOS + EAD & AP, the sooner they will be approved. ETA: ~4-7 months on the EAD and AP.

[carmel34 3,633]

The biggest issue for her is being stuck in the US while you spend time together, date, decide to get married or not, then get married and file for AOS/AP/EAD and get approvals and documents in hand.  All of that can take a very long time, and while waiting, she can't leave the US to return to Canada.  She won't be able to work for many months during this time, so no income at all for her.  There will be a long wait to get proper documents so she can get a driver's license in California.  She may feel bored or isolated or frustrated.  She can't go back to get all her stuff, move out of her apartment, settle her affairs in Canada, etc.  The long wait for AP/EAD can drive some people crazy, and put a lot of stress on the relationship, so in the end it's up to you how important that long waiting period for her is vs. marrying her while she is in California, then she goes back to Canada while you file for a CR-1 spousal visa for her.  The CR-1 visa process would mean a period of separation, for a year or more, but you can visit each other as often as you want to in the interim, and the biggest advantage of doing that through consular processing abroad is that she can continue to work in Canada, earn income, and settle her financial affairs, close bank accounts, transfer money, sell assets, move out of her apartment, give notice to her job, say goodbye to family, etc., then once she enters the US with the approved spousal visa, she can work immediately, get a driver's license, etc.  It sounds like you are weighing all these pros and cons, it's not an easy decision.  Good luck!

Edited December 7, 2019 by carmel34

[ourwildjourney 103]

2 hours ago, mandsophia said:

I adjusted successfully from a tourist visa from Canada a few months ago. My husband was in california, we got married after a few months (came for christmas and then decided to stay), applied on my 5th month of my visa then got approved about 2 months ago now. Very easy process and intent was never discussed. It did suck having to wait to work and some locations have longer processing times than others, but it was straight forward in terms of the actual interview and biometrics etc. You will have no problem as long as her criminal record is clean

Thank you so much for this!  Yes. She is pretty much the purest human in the world so no record problems or anything like that. Mostly it’s the balancing for her if not being there vs not being here. Really appreciate the advice and encouragement!

[ourwildjourney 103]

2 hours ago, geowrian said:

There is no 90 day rule for AOS. Any such 90 day rule is from DOS. AOS is handled by USCIS. Preconceived intent is not a reason for denial in your case.

 

Unless she has some sort of issue (i.e. an inadmissibility like certain crimes or past US immigration violations), she presumably entered under B-2 status as a Canadian, but had no tourist visa. Visas are applied for at the consulate.

(This assumed being "from Canada" refers to her being a Canadian and not just a resident - citizenship is an important factor with immigration).

 

Where? Doesn't matter. You could go to Vegas tonight and do it.

When? Whenever you want (before overstaying, of course).

Sooner you file for AOS + EAD & AP, the sooner they will be approved. ETA: ~4-7 months on the EAD and AP.

Thank you so much!  Yes you are right. She is a Canadian visiting. We keep reading that and AOS within 30/60 and now 90 days could get shot down simply because of the calendar. Thanks so much for the insight. It might take us that long to weigh the pros and cons. But, yes, another pro is just rip off the bandaid and start the clock of waiting ... and waiting ... and waiting. 👍

[ourwildjourney 103]

1 hour ago, carmel34 said:

The biggest issue for her is being stuck in the US while you spend time together, date, decide to get married or not, then get married and file for AOS/AP/EAD and get approvals and documents in hand.  All of that can take a very long time, and while waiting, she can't leave the US to return to Canada.  She won't be able to work for many months during this time, so no income at all for her.  There will be a long wait to get proper documents so she can get a driver's license in California.  She may feel bored or isolated or frustrated.  She can't go back to get all her stuff, move out of her apartment, settle her affairs in Canada, etc.  The long wait for AP/EAD can drive some people crazy, and put a lot of stress on the relationship, so in the end it's up to you how important that long waiting period for her is vs. marrying her while she is in California, then she goes back to Canada while you file for a CR-1 spousal visa for her.  The CR-1 visa process would mean a period of separation, for a year or more, but you can visit each other as often as you want to in the interim, and the biggest advantage of doing that through consular processing abroad is that she can continue to work in Canada, earn income, and settle her financial affairs, close bank accounts, transfer money, sell assets, move out of her apartment, give notice to her job, say goodbye to family, etc., then once she enters the US with the approved spousal visa, she can work immediately, get a driver's license, etc.  It sounds like you are weighing all these pros and cons, it's not an easy decision.  Good luck!

Thank you so much for this!  One thing that is weighing in our favor is that she is from Vancouver and now in Los Angeles. It’s a very easy flight for her family and friends to come down and visit. Same time zone. Easy flight. We are thinking — if she decides to stay —that her family could help bring things or ship things down. And it’s rainy in BC and sunny in LA this time of year, so getting BC friends to visit is pretty easy 😃

 

The income part is brutal. Same with making sure she is not bored. On thing we are considering there is that I am remodeling my home next year at some point. She loves that stuff, so maybe she stays home and helps oversee things. It would be an important creative outlet for her and a project to pass the time and would save us money (vs hiring a project manager). 
 

All of the info from this community helps so much!  It’s looking like it’s a viable option. And now will be up to her to weigh all the pros and cons. Thank you!