Canadian in America due to COVID19

[INF 96]

2 hours ago, jarrod679 said:

The ban doesn't apply to immediate family members and a few other particular groups of people. I am hoping the flight will be empty. 

Oh wow! I did not realize this!

[INF 96]

18 minutes ago, INF said:

Oh wow! I did not realize this!

I just called the immigration border people and they said entry would be on a case by case basis. No guarantees but you should be okay to go in and then quarantine.

[DGF 730]

Just wanted to add another Canadian POV. I was in the US when the pandemic happened and I was allowed to stay until April 21st. We decided against AOS and I came home on March 17th. Our logic was that we were (at the time) next in line for an interview having been DQ'd December 18th and it would be faster to wait for an interview. As much as I sometimes regret it (my husband cannot visit me due to the quarantine requirements and it will be a little while until I attempt to visit him because I was there for just shy of 5 months last time), it was the right decision for us because AOS/EAD/AP will all most likely be delayed too. 

In terms of a timeline if you don't adjust, once you submit your docs it is currently taking 12 weeks to review. If you need to resubmit anything, that will add another 12 weeks for them to review the resubmitted docs. And so on and so forth until you get DQ (though many people get DQ with their first submission). From there, there was a 5 month backlog for an interview before covid, plus the delay added by visa services being suspended which is currently around 2 months. So right now, there is a 7 month wait for an interview after DQ, which will get worse unless interviews resume tomorrow (which they won't). All in all, you're looking at at least 10 months until your interview, at best. 

Not trying to sway you either way, just trying to give you an idea of how long you'll be waiting so you can make an informed decision  
 

[INF 96]

4 minutes ago, DGF said:

Just wanted to add another Canadian POV. I was in the US when the pandemic happened and I was allowed to stay until April 21st. We decided against AOS and I came home on March 17th. Our logic was that we were (at the time) next in line for an interview having been DQ'd December 18th and it would be faster to wait for an interview. As much as I sometimes regret it (my husband cannot visit me due to the quarantine requirements and it will be a little while until I attempt to visit him because I was there for just shy of 5 months last time), it was the right decision for us because AOS/EAD/AP will all most likely be delayed too. 

In terms of a timeline if you don't adjust, once you submit your docs it is currently taking 12 weeks to review. If you need to resubmit anything, that will add another 12 weeks for them to review the resubmitted docs. And so on and so forth until you get DQ (though many people get DQ with their first submission). From there, there was a 5 month backlog for an interview before covid, plus the delay added by visa services being suspended which is currently around 2 months. So right now, there is a 7 month wait for an interview after DQ, which will get worse unless interviews resume tomorrow (which they won't). All in all, you're looking at at least 10 months until your interview, at best. 

Not trying to sway you either way, just trying to give you an idea of how long you'll be waiting so you can make an informed decision  
 

That is a really good point, most likely a 10 month + wait is likely. I will have to take that into account. Can you tell me how you calculated your 5 months? Is that throughout the calendar year that you counted your 5 months or 5 months since you entered US. 

[DGF 730]

1 hour ago, INF said:

That is a really good point, most likely a 10 month + wait is likely. I will have to take that into account. Can you tell me how you calculated your 5 months? Is that throughout the calendar year that you counted your 5 months or 5 months since you entered US. 

It was from when I entered, I just added 180 days to the date that I entered (including both the date that I entered and the date that I would have to leave to be safe). I entered by land with my nexus so I didn't get a stamp or new electronic i-94, but if you have one of those I'd go by that date instead. The calendar year thing is to do with taxes and takes the prior 2 years into account too.

Edited May 12, 2020 by DGF

[INF 96]

3 minutes ago, DGF said:

It was from when I entered, I just added 180 days to the date that I entered (including both the date that I entered and the date that I would have to leave to be safe). I entered by land with my nexus so I didn't get a new electronic i-94, but if you have one of those I'd go by that date instead. The calendar year thing is to do with taxes and takes the prior 2 years into account too.

Oh wow, I was counting my days from last year May 2019 and getting so confused as to how people determine their 6 months in the year... it is good to know that you stayed 5 months from your date of entry and did not have any problems or "overstayed" your visa. 

[DGF 730]

5 minutes ago, INF said:

Oh wow, I was counting my days from last year May 2019 and getting so confused as to how people determine their 6 months in the year... it is good to know that you stayed 5 months from your date of entry and did not have any problems or "overstayed" your visa. 

Unless otherwise stated (on the stamp or your i-94) you can stay for 6 months per entry. You could technically stay for 6 months, go back to Canada for a day, and then enter again and stay for another 6 months but good luck finding a CBP officer that won't think you're trying to live there if you do that 😛 Generally it's advised that you spend at least as much time in Canada as you do in the US, if not more, and I think a combination of that and the IRS rule is where people get the 6 months in a year thing from. As for overstays, you don't trigger a ban until you've overstayed for 180 days so if you overstay for less than 180 days it won't affect your visa but you'll have a harder time visiting (if you are able to) in the future. 

I won't know for sure if I overstayed until I try to visit again, but we stuck with what our lawyer said (basically what I said above) and it aligns with the information that is often shared around here, so I'd be surprised if I did overstay. 

[INF 96]

10 minutes ago, DGF said:

Unless otherwise stated (on the stamp or your i-94) you can stay for 6 months per entry. You could technically stay for 6 months, go back to Canada for a day, and then enter again and stay for another 6 months but good luck finding a CBP officer that won't think you're trying to live there if you do that 😛 Generally it's advised that you spend at least as much time in Canada as you do in the US, if not more, and I think a combination of that and the IRS rule is where people get the 6 months in a year thing from. As for overstays, you don't trigger a ban until you've overstayed for 180 days so if you overstay for less than 180 days it won't affect your visa but you'll have a harder time visiting (if you are able to) in the future. 

I won't know for sure if I overstayed until I try to visit again, but we stuck with what our lawyer said (basically what I said above) and it aligns with the information that is often shared around here, so I'd be surprised if I did overstay. 

I have heard this too, that you can spend 6 months and then re-enter and you reset the clock. I will likely only stay 3 months and then go back to Canada if that is the route we choose! Thanks for your help!

[HRQX 4,145]

On 5/10/2020 at 11:11 PM, HRQX said:

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

@INF, my statement saying "biometrics are required" needs to be corrected. In the VJ community, we have seen over the years at least 2 users report that their initial EAD was issued without biometrics (the area on the combo card indicated no biometrics available). Ultimately, it's rare and it's at USCIS's discretion.

Edited May 12, 2020 by HRQX

[Gokoholl 12]

@INF How long do you suppose the wait time for an interview would be at the Montreal consulate? I feel like there is going to be a serious backlog. 

[Canadian Spouse 3]

On 5/10/2020 at 9:51 PM, geowrian said:

Both are options since you are already in the US.

It's impossible to know which path is faster given the long delays at Montreal + consulates being effectively closed for interviews right now. AOS may or may not be faster, depending on local field office.

As for what's best, that's a person decision. AOS has multiple drawback like not being able to work or leave (and return) for ~4-7 months (and likely longer now...). But the advantage is being able to stay in the US together during the process.

Pretty please provide a reference to prove this-- if you are in the USA on a student or work visa you can apply for AOS, absolutely.  According to everything I have read you cannot in any way apply for AOS as a visitor, even if you are Canadian.  I am Canadian and my spouse lives in the USA... I have spend hours, weeks, months trying to find any other option we may have besides waiting in Canada for an unknown length of time (it's already been almost a year and a half ... interview would have been in April... now who knows!  So frustrating.)   unfortunately I could find zero evidence that the AOS on a Canadian visitor visa would fly.  Can you provide any references to look at?

[Canadian Spouse 3]

11 hours ago, DGF said:

Unless otherwise stated (on the stamp or your i-94) you can stay for 6 months per entry. You could technically stay for 6 months, go back to Canada for a day, and then enter again and stay for another 6 months but good luck finding a CBP officer that won't think you're trying to live there if you do that 😛 Generally it's advised that you spend at least as much time in Canada as you do in the US, if not more, and I think a combination of that and the IRS rule is where people get the 6 months in a year thing from. As for overstays, you don't trigger a ban until you've overstayed for 180 days so if you overstay for less than 180 days it won't affect your visa but you'll have a harder time visiting (if you are able to) in the future. 

I won't know for sure if I overstayed until I try to visit again, but we stuck with what our lawyer said (basically what I said above) and it aligns with the information that is often shared around here, so I'd be surprised if I did overstay. 

Thank-you so much for this information!!!  I have also been in the USA since March 11th with my husband... I was worried about overstaying (Pre-covid I went back and forth regularly, 1 week in USA 1 week in Canada) since I walk right on the line of 6 months rolling calandar in the USA.

[jives11 1]

1 hour ago, Canadian Spouse said:

Pretty please provide a reference to prove this-- if you are in the USA on a student or work visa you can apply for AOS, absolutely.  According to everything I have read you cannot in any way apply for AOS as a visitor, even if you are Canadian.  I am Canadian and my spouse lives in the USA... I have spend hours, weeks, months trying to find any other option we may have besides waiting in Canada for an unknown length of time (it's already been almost a year and a half ... interview would have been in April... now who knows!  So frustrating.)   unfortunately I could find zero evidence that the AOS on a Canadian visitor visa would fly.  Can you provide any references to look at?

I am in the same boat as you, and we are talking to a lawyer later today to see what our options are. I am hoping that, because I very much had no intention of staying when I came in we can use the AOS. I have been living in Canada and visiting almost every weekend for 2.5 years (married 1.5 years ago in Canada), but then my university moved to essential services only and the borders closed, and I started sheltering-in-place in the US. Before, we had decided to use the consular route because I didn't want to give up my job during the period of time when you can't work within the US, but now the situation is changing so much, that I'm thinking it's the lesser hardship to take a break from working to be able to be together through this process.

 

I hope someone has insight! I've been googling all day.

[HRQX 4,145]

1 hour ago, Canadian Spouse said:

I have read you cannot in any way apply for AOS as a visitor, even if you are Canadian.

B-2 visitors adjust all the time. They meet the INA 245(a) requirement of "Inspected and admitted" https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 Additional list showing who is barred from adjusting and any exceptions to that bar: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7 For example, VWP travelers are ineligible to adjust; but that adjustment bar does not apply to Immediate Relatives of US citizens or VAWA-based applicants.

Edited May 12, 2020 by HRQX

[Canadian Spouse 3]

2 minutes ago, jives11 said:

I am in the same boat as you, and we are talking to a lawyer later today to see what our options are. I am hoping that, because I very much had no intention of staying when I came in we can use the AOS. I have been living in Canada and visiting almost every weekend for 2.5 years (married 1.5 years ago in Canada), but then my university moved to essential services only and the borders closed, and I started sheltering-in-place in the US. Before, we had decided to use the consular route because I didn't want to give up my job during the period of time when you can't work within the US, but now the situation is changing so much, that I'm thinking it's the lesser hardship to take a break from working to be able to be together through this process.

 

I hope someone has insight! I've been googling all day.

Yeah... at this point it seems to make the most sense.  I hope the process goes well for you!  We didn't hire a lawyer, to save money (even though my hub is a doctor he is very frugal!) and I SO regret it!