Canadian in America due to COVID19

[Duke & Marie 1,389]

56 minutes ago, INF said:

Oh very interesting... I have started reading about AOS. That was never part of the game plan, but that may be possible now. We did pay all the NVC fees ... should we complete the NVC documents or simply file the AOS now if we decide to go down that path? 

 

Edit. It was not my intention to stay at all. The covid-19 fiasco was the reason I changed my mind. I will have to read the drawbacks. 

We’re adjusting too and are pending interview in Sydney.. 

 

something to consider is expected wait time for interview at embassy, my understanding is it is or used to be around 5 months from NVC DQ to interview date in Canada .. that, with boarder closures and no idea when embassies reopen may result in a similar timeframe as the AOS process.. 

 

draw back of course is you can work until authorised, but that also relates to weather or not you now have a job to go home too 🤷‍♀️

[INF 96]

2 minutes ago, Duke & Marie said:

We’re adjusting too and are pending interview in Sydney.. 

 

something to consider is expected wait time for interview at embassy, my understanding is it is or used to be around 5 months from NVC DQ to interview date in Canada .. that, with boarder closures and no idea when embassies reopen may result in a similar timeframe as the AOS process.. 

 

draw back of course is you can work until authorised, but that also relates to weather or not you now have a job to go home too 🤷‍♀️

Very good points. I am working from home right now. My employer doesn’t mind me being in the states for the time being, imagine this conversation will be completely different if I tell them I am no longer coming back! 
 

I am looking at the AOS time line and it looks like the EAD/travel document gets approved in 4 months if you’re lucky! I can see the interview process going up to a year if I do not do AOS. Will have to make that call soon, but the timelines for both are likely going to be similar at best (from what I’m seeing). Canada’s cases are also getting better so I do need to take that into account and Montreal is slowly opening up. Nobody knows if it is sustainable though.

[HRQX 4,145]

6 minutes ago, INF said:

I am looking at the AOS time line and it looks like the EAD/travel document gets approved in 4 months if you’re lucky!

That was before Covid19. Biometrics are required but the Application Support Centers have been closed since March 18. EAD/AP timelines are expected to be negatively affected.

Edited May 11, 2020 by HRQX

[INF 96]

3 minutes ago, HRQX said:

That was before Covid19. Biometrics are required but the Application Support Centers have been closed since March. EAD/AP timelines are expected to be negatively affected.

Oh wow, I didn’t know those would be effected too (Very new to AOS). So I would not be able to leave the country or have a job till this is all sorted out. Doesn’t sound like a lot of fun to me! 
 

Would I be able to go to university during this time (I.e. masters program)? Just trying to figure out what I would do with this time before going down this path! 

Edited May 11, 2020 by INF

[HRQX 4,145]

4 minutes ago, INF said:

Would I be able to go to university during this time (I.e. masters program)?

Yes, but ask the schools for their requirements. Also ask them if you somehow qualify for in-state tuition based on your spouse's residence in that state.

[INF 96]

1 minute ago, HRQX said:

Yes, but ask the schools for their requirements. Also ask them if you somehow qualify for in-state tuition based on your spouse's residence in that state.

Thank you very much. We are in Michigan so we do qualify based on my spouses residence.

Edited May 11, 2020 by INF

[geowrian 22,337]

13 minutes ago, INF said:

I am working from home right now.

This is a very grey area...you are not authorized to work while in the US until you have an EAD or green card. Specific factors may or may not cross the line when it comes to remote work for a foreign employer. The immigration laws have not been updated to address this situation.

Either way, be sure to claim everything on your US taxes.

[INF 96]

40 minutes ago, geowrian said:

This is a very grey area...you are not authorized to work while in the US until you have an EAD or green card. Specific factors may or may not cross the line when it comes to remote work for a foreign employer. The immigration laws have not been updated to address this situation.

Either way, be sure to claim everything on your US taxes.

Wow I didn’t even think it mattered since I was a Canadian resident visiting the US as a tourist and working for my Canadian employer with every intention to go back! 
 

This whole situation sounds insane! 

[Dashinka 24,512]

3 hours ago, INF said:

Wow I didn’t even think it mattered since I was a Canadian resident visiting the US as a tourist and working for my Canadian employer with every intention to go back! 
 

This whole situation sounds insane! 

I agree, it is a very grey area.  Some believe it is dependent on if you are working for a multinational company that also has a presence in the US even if you are working for the foreign entity.  Overall, the choice to complete consular processing vs, AOS in the US is yours, just be aware of the pros and cons.

 

Good Luck!

[RCable 75]

My husband came down from Canada in February for my birthday. He was planning on staying for a few months when COVID-19 happened. We got DQ at the NVC stage on April 8th. But since Montreal already had such long delays to begin with, we made the tough decision to abandon the CR1 and file for AOS. It wasn't an easy decision since we were so far along in the CR1 process, plus it was a lot of extra money, but it was the best decision for us. We mailed everything off about 3 weeks ago, till waiting for NOA1 on that.

We didn't know about the I-131 (Advanced Parole), so we are waiting for the NOA1 on the AOS so that we can file that. We are hoping to take a vacation in October that we've had planned for a long time (thinking he'd have his visa by then). I've heard the I-131 can take 5+ months for approval depending on what service center you go to. 

So if you need to travel, file the I-131 along with your AOS package. 

[RCable 75]

6 hours ago, INF said:

Oh wow, I didn’t know those would be effected too (Very new to AOS). So I would not be able to leave the country or have a job till this is all sorted out. Doesn’t sound like a lot of fun to me! 
 

Would I be able to go to university during this time (I.e. masters program)? Just trying to figure out what I would do with this time before going down this path! 

You can apply for an EAD along with your AOS which, if I understand correctly, will allow you to work while you wait for AOS.

And if you know you have to leave the US on certain dates, you should file the I-131 as well - that will allow you to leave the US. Just be sure to bring that and your AOS NOA1 with you when you travel back to the US. 

[RCable 75]

6 hours ago, INF said:

Oh wow, I didn’t know those would be effected too (Very new to AOS). So I would not be able to leave the country or have a job till this is all sorted out. Doesn’t sound like a lot of fun to me! 
 

Would I be able to go to university during this time (I.e. masters program)? Just trying to figure out what I would do with this time before going down this path! 

I told my husband just to enjoy this extended vacation and adjust to living in America (learn his way around, study for his driving test, fall in love with where he lives, etc). I moved to London (England) back in 2007. I went straight to work and had no time to figure things out, adjust to living in a new country, find my place there...It made it really hard for me to be happy there. I don't want my husband to go through the same thing when moving here. I'm hoping he can use this time off to just enjoy living in SoCal. 

Though, that's easier said than done with everything going on right now. 

Good luck on making your decision.

[INF 96]

1 hour ago, RCable said:

You can apply for an EAD along with your AOS which, if I understand correctly, will allow you to work while you wait for AOS.

And if you know you have to leave the US on certain dates, you should file the I-131 as well - that will allow you to leave the US. Just be sure to bring that and your AOS NOA1 with you when you travel back to the US. 

Thanks so much! But sounds like there is quite the wait time for this.

[Gokoholl 12]

10 hours ago, INF said:

Hi guys, I am a Canadian and have been in America for the last two months quarantining with my husband. In the beginning, I did not think this would continue this long and was expecting to be back to work in Canada by now. and the border opened up again. However, nothing seems to have changed. The land borders are still closed. I am thinking of going back to Canada now, but I am worried of not being able to re-enter USA. I would love to stay, but have counted up my past visits and it totals ~2.5 months in the last calendar year, not counting this 2 month stay so I am at 4.5 months now. I am getting very worried staying any longer would count against me during the NVC processing of our I-130 petition. I did enter using my Nexus so they do have my entry date in their system through the land border. Am I overthinking this increasingly? 

 

Exact same situation here. Like I could have written this post myself. Currently wondering what we should do. Its frustrating because we are at the NVC stage and feel so close, but maybe AOS is the way to go now and just wait for travel and work permits? Curious to know that you end up doing! 

[geowrian 22,337]

1 hour ago, RCable said:

You can apply for an EAD along with your AOS which, if I understand correctly, will allow you to work while you wait for AOS.

More specifically, once approved, the EAD will let you work while you wait for AOS approval (filing alone does nothing).

1 hour ago, RCable said:

And if you know you have to leave the US on certain dates, you should file the I-131 as well - that will allow you to leave the US. Just be sure to bring that and your AOS NOA1 with you when you travel back to the US. 

TBD, Unknown, As-needed, etc. are fine to put as the reason / dates. For AP due to a pending AOS application, specific dates aren't needed.

AP for other reasons (like DACA and TPS holders and such, specific reasons and dates are important).