Filing from the US

[Ontarkie 14,512]

~~As the Op's original question is about AOS this thread is moved to Aos From Work, Student and Tourist Visas - from IR1/CR1 P&P~~

[NikLR 13,232]

People who are deciding the OP was purposefully being fraudulent, this forum is to help people, not to be judgemental jerks. Present the facts. 

 

OP is entitled to AOS regardless. Since the original thread was in the visa forum and in the initial post the OP indicated they wanted a spousal visa, questions were answered as such. If her mind has changed since entry, then her circumstances may have changed and she can AOS. 

[pushbrk 13,139]

16 minutes ago, NikLR said:

People who are deciding the OP was purposefully being fraudulent, this forum is to help people, not to be judgemental jerks. Present the facts. 

 

OP is entitled to AOS regardless. Since the original thread was in the visa forum and in the initial post the OP indicated they wanted a spousal visa, questions were answered as such. If her mind has changed since entry, then her circumstances may have changed and she can AOS. 

The above is true but the OP has stated an intention to return to Canada for a couple different purposes.  If she does that, before filing, then her next entry will be with immigrant intent.  If she leaves after filing, she is unlikely to get back in and will abandon her adjustment of status.

[JFH 12,191]

12 hours ago, Jessjames14 said:

My husband and I drove across at the same time (in separate cars) and I said I would be coming home for Christmas, however we didn’t end up going home for Christmas, but I am going back in February for a doctors appointment and I am hoping I’ll be able to return until May (when the 6 months is up).   I just got here 4 weeks ago.   Is there an issue with this? 

If you file for adjustment of status you cannot leave the country or your application will be considered abandoned. Also, filing for adjustment of status will likely cause you to lose your Canadian health service arrangements. As this process (filing for AOS) demonstrates that you have left Canada for good and there are residency requirements attached to Canadian health provisions. 

[Suze1 366]

Again... 

 

Matter of Cavazos -

https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2750.pdf

 

Wherein was decided that preconceived intent alone is not cause to deny AOS.

 

In Cavazos, even though the person said they were "visiting for pleasure", and then the very same day got married, it was decided on appeal that the person can indeed adjust status.

 

The reason given is one of equity for the US Citizen - 

"...notwithstanding evidence establishing an intent on the part of a nonimmigrant to circumvent the normal visa process, i.e., a preconceived intent to remain permanently at the time of entry as a nonimmigrant, an adjustment application should not be denied in the exercise of discretion where substantial equities are present in the case."

 

 

 

 

Edited January 3, 2020 by Suze1

[Moe428 129]

A lot of questionable advice being given in this thread.   To boil it down simply for OP:

 

If you apply for AOS, you will not be able to travel back to Canada unless your green card gets approved, or you get an advanced parole.  You can expect advanced parole to come in 5-7 months.  If not being able to return to Canada for that long, as well as not being able to work is fine for you, you can AOS.  All these posts about preconceived intent are irrelevant at this point, as your intent was determined at entry.

If you are planning on returning to Canada in the short term, i.e. before you get your advanced parole, then you should go through IR-1 route through the consulate, since you have clearly shown intent to immigrate to the US.

[NikLR 13,232]

Op can still visit during immigration if they choose the spousal visa route, but would need to provide evidence of their intent to return to Canada.  Since their job isn't stable and they don't have any rent or a mortgage that may be more difficult if they're asked for evidence. But trying and being denied entry doesn't affect an immigrant visa.  

 

OP its not just your inability to work that is affected by AOS. If your parents get sick or are injured you may not get emergency AP quickly enough. So before filing anything understand the pitfalls of either direction. 

You may not be able to visit your husband again if you seek a spousal visa.  But you wont be able to work or travel for up to 7 months if you choose AOS.  Pick what works best for you before any travel. If you leave the USA, your choice is made and you cannot AOS. 

[Jessjames14 3]

5 hours ago, Moe428 said:

A lot of questionable advice being given in this thread.   To boil it down simply for OP:

 

If you apply for AOS, you will not be able to travel back to Canada unless your green card gets approved, or you get an advanced parole.  You can expect advanced parole to come in 5-7 months.  If not being able to return to Canada for that long, as well as not being able to work is fine for you, you can AOS.  All these posts about preconceived intent are irrelevant at this point, as your intent was determined at entry.

If you are planning on returning to Canada in the short term, i.e. before you get your advanced parole, then you should go through IR-1 route through the consulate, since you have clearly shown intent to immigrate to the US.

Why does going back to Canada and then visiting Again show intent to immigrate? I have not yet filed anything 

[Jessjames14 3]

5 hours ago, Moe428 said:

A lot of questionable advice being given in this thread.   To boil it down simply for OP:

 

If you apply for AOS, you will not be able to travel back to Canada unless your green card gets approved, or you get an advanced parole.  You can expect advanced parole to come in 5-7 months.  If not being able to return to Canada for that long, as well as not being able to work is fine for you, you can AOS.  All these posts about preconceived intent are irrelevant at this point, as your intent was determined at entry.

If you are planning on returning to Canada in the short term, i.e. before you get your advanced parole, then you should go through IR-1 route through the consulate, since you have clearly shown intent to immigrate to the US.

Thank you ! You guys have been super helpful! 

[Jessjames14 3]

15 hours ago, Orangesapples said:

I don't understand why the people in this thread are not trying to actually help you. You're in the US now, you have entered legally. Your intent has already been established at the border and it's no longer a consideration. You can file for AOS and this way you won't have to go back to Canada. You won't be violating any law if you file for AOS tomorrow and you don't have to prove that you didn't have intent to immigrate when you crossed the border. The only problem with filing for AOS now is that you won't be able to leave until you get your advance parole which may take 6 months. If that's a deal breaker, then file for an IR-1. If not, filing for AOS is your best bet. 

Amen to you 🙏 haha thank you so much. Finally some helpful information!

Edited January 3, 2020 by Jessjames14

[Crazy Cat 42,425]

21 minutes ago, Jessjames14 said:

Why does going back to Canada and then visiting Again show intent to immigrate? I have not yet filed anything 

Having a US citizen husband who plans to file an I-130 for you shows you have intent to immigrate.  But, to some, it might show you have intent to immigrate via a spousal visa rather than stay and adjust status via an I-485.  That's where discretion by the CBP officer comes in to play every time you attempt to cross the border into the US......and why there is always some risk to entering after an I-130 has been filed.  At any time, the CBP officer could deny entry.....and it makes it important to show strong ties to Canada.

Edited January 3, 2020 by missileman

[NikLR 13,232]

6 minutes ago, Jessjames14 said:

Why does going back to Canada and then visiting Again show intent to immigrate? I have not yet filed anything 

You've purchased a home in the USA, obtained a drivers license etc... you do not have stable employment in Canada nor a home you pay for.  Your spouse located in the USA.  A CBP officer may determine that you cannot overcome the preconceived intent to immigrate.  To them, everyone wants to immigrate, and you have more ability to do so than others.  

I was able to visit my husband during immigration but i stayed for short 7-10 day visits every 3 months. I had a stable job and a rental agreement. 

[Jessjames14 3]

35 minutes ago, NikLR said:

You've purchased a home in the USA, obtained a drivers license etc... you do not have stable employment in Canada nor a home you pay for.  Your spouse located in the USA.  A CBP officer may determine that you cannot overcome the preconceived intent to immigrate.  To them, everyone wants to immigrate, and you have more ability to do so than others.  

I was able to visit my husband during immigration but i stayed for short 7-10 day visits every 3 months. I had a stable job and a rental agreement. 

We haven’t purchased a home. My husband rents an apartment.  And the drivers license they just issue it to me with my Canadian license. It’s useful for buying discounted tickets that’s why I got it 

[Jessjames14 3]

37 minutes ago, missileman said:

Having a US citizen husband who plans to file an I-130 for you shows you have intent to immigrate.  But, to some, it might show you have intent to immigrate via a spousal visa rather than stay and adjust status via an I-485.  That's where discretion by the CBP officer comes in to play every time you attempt to cross the border into the US......and why there is always some risk to entering after an I-130 has been filed.  At any time, the CBP officer could deny entry.....and it makes it important to show strong ties to Canada.

Oh ok I understand.  And there are no exemptions like a dying family member, or a sick husband?  I have paperwork to show both

[NikLR 13,232]

1 minute ago, Jessjames14 said:

Oh ok I understand.  And there are no exemptions like a dying family member, or a sick husband?  I have paperwork to show both

If you dont leave.