Filing from the US

[Crazy Cat 42,426]

5 minutes 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

Those do not show stronger ties to Canada as opposed to a husband in the US.  You need evidence that you will return to Canada to complete the spousal visa process.  Honestly, your actions have thus far been the EXACT things that people do after immigrating to the US...drivers license, gym membership, etc.

 

I think you have a decision to make.......spousal visa or adjustment of status.......

Edited January 3, 2020 by missileman

[Jessjames14 3]

1 minute ago, NikLR said:

If you dont leave. 

Ok. Because like I said earlier we came over to visit his dad as he is sick and we’re supposed to stay with him but the living conditions were bad (mouldy) so my husband had to get an apartment. A lot of unforseen expenses. Now my husband is staying for good 

[Crazy Cat 42,426]

2 minutes ago, Jessjames14 said:

Ok. Because like I said earlier we came over to visit his dad as he is sick and we’re supposed to stay with him but the living conditions were bad (mouldy) so my husband had to get an apartment. A lot of unforseen expenses. Now my husband is staying for good 

The question is:  Are YOU staying for good via adjustment of status or are you going to seek a spousal visa?

[Jessjames14 3]

Just now, missileman said:

The question is:  Are YOU staying for good via adjustment of status or are you going to seek a spousal visa?

I want to go the AOS way

[NikLR 13,232]

Just now, Jessjames14 said:

Ok. Because like I said earlier we came over to visit his dad as he is sick and we’re supposed to stay with him but the living conditions were bad (mouldy) so my husband had to get an apartment. A lot of unforseen expenses. Now my husband is staying for good 

That's fine.  Then AOS.  Don't leave. 

You have a lease with your name with a sick US husband who lives in the USA, utility bills, a FL driver's license,  all things that dont provide evidence of your intent not to immigrate.

Chances of you being able to revisit if you leave is slim. 

 

[geowrian 22,338]

6 minutes 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 were to file for AOS, emergency AP is possible to leave the US before normal AP or a green card is issued. It is not easy to obtain to by any means. It is not something to rely on.

If you were to for the IR-1 route, there is no exception to being granted entry. Every entry of a visitor is at CBP's discretion. A dying family member, sick spouse, etc. does not change that.

[Jessjames14 3]

Just now, Jessjames14 said:

I want to go the AOS way

Is there  a place where we can explain why we are applying for AOS 

[NikLR 13,232]

You dont need to. You're the spouse of a USC.  That's the only reason thry need.  Follow the guides. 

[Crazy Cat 42,426]

Just now, Jessjames14 said:

I want to go the AOS way

Then, after filing for adjustment of status,  you cannot return to Canada until you have approved advance parole......probably about 5 or 6 months....you will not receive a green card for many months........just be aware of the process and limitations.

[geowrian 22,338]

Just now, Jessjames14 said:

Is there  a place where we can explain why we are applying for AOS 

No. The "reason" is family reunification as the spouse of the petitioner.

 

2 minutes ago, NikLR said:

Chances of you being able to revisit if you leave is slim.

After filing AOS, it's even lower than slim IMO.

[Crazy Cat 42,426]

2 minutes ago, Jessjames14 said:

Is there  a place where we can explain why we are applying for AOS 

I suggest you learn the process here:  

 

[Jessjames14 3]

1 minute ago, missileman said:

I suggest you learn the process here:  

 

That doesn’t give much info.  I am confused as to why someone would file an AOS then? What is a good example of someone doing that ?

[Crazy Cat 42,426]

4 minutes ago, Jessjames14 said:

That doesn’t give much info.  I am confused as to why someone would file an AOS then? What is a good example of someone doing that ?

Good luck...I wish you the best in your endeavor.

[NikLR 13,232]

19 minutes ago, Jessjames14 said:

That doesn’t give much info.  I am confused as to why someone would file an AOS then? What is a good example of someone doing that ?

People AOS all the time.  They visit or attend school or work in the USA and fall in love. They visit a spouse who is sick and decide to stay.  They visit with family and decide to stay.  You dont need a compelling reason other than your immediate relative (aka your spouse) has decided to remain in the USA.

Really your biggest hurdle at this point is the affidavit of support. 

[pushbrk 13,139]

9 hours ago, Jessjames14 said:

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

Your own stated immigrant intent is what shows immigrant intent.  Whether there is any consequence if you haven't filed yet at that time, is a separate question.  If you have already filed, you will not get back in without advance parole.  The issue changes depending on whether you leave before or after filing to adjust status.

 

Note that nothing stops you from leaving.  The problem is getting back in, not leaving.