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Tonks777

AOS for Spouse when USC lived Abroad

By Tonks777 in Adjustment of Status from Work, Student, & Tourist Visas

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Tonks777 Newbie

Tonks777   1

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Hello and thanks for reading. 

 

My wife (Canadian) and I (USC) have been living in Canada the past six years. My mother is not doing well and I need to move home for awhile to assist her within the United States. I do not know how long this will be. My wife and daughter will be coming as well with a planned stay of only two months. 

 

Should this move turn into an extended stay, would there be an issue filing for an adjustment of status? As of now I can't sponsor my wife as I do not have an established domicile within the US as of yet. The future is also uncertain as we'd rather still reside in Canada but life happens. This is all so confusing. 

Dashinka Grand Master

Dashinka   24,767

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

Yes, it would be an issue as you are pre-planning.  It is not legal to enter the US with the intent to stay and adjust status on what is essentially a visitor visa.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Crazy Cat Grand Master

Crazy Cat   42,215

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

A visitor cannot enter the US with the intent to stay and adjust status. That is the law.  Adjustment of Status is for living in the US as a legal permanent resident. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Tonks777 Newbie

Tonks777   1

Posted
Timeline
  • Author
Posted

There is no plan or intent of anything. I'm trying to figure out options for the future if I'm not able to return to Canada in a timely manner due to my mother's illness. 

 

Thank you for the responses nevertheless. Perhaps an immigration lawyer would be a better avenue for communication. 

Crazy Cat Grand Master

Crazy Cat   42,215

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
1 minute ago, Tonks777 said:

There is no plan or intent of anything. I'm trying to figure out options for the future if I'm not able to return to Canada in a timely manner due to my mother's illness. 

 

Thank you for the responses nevertheless. Perhaps an immigration lawyer would be a better avenue for communication. 

You intend to live in Canada.  A Green Card is for living in the US as a resident.  Beware that we see a lot of bad information from attorneys. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Dashinka Grand Master

Dashinka   24,767

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
2 minutes ago, Tonks777 said:

There is no plan or intent of anything. I'm trying to figure out options for the future if I'm not able to return to Canada in a timely manner due to my mother's illness. 

 

Thank you for the responses nevertheless. Perhaps an immigration lawyer would be a better avenue for communication. 

The point is you are talking about adjusting status after entering the US on a visitor visa prior to coming to the US on an open immigration social media site.  The terms of service of this site will not allow anyone to tell you this is a legal option when you are currently outside of the US.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Tonks777 Newbie

Tonks777   1

Posted
Timeline
  • Author
Posted
10 minutes ago, Dashinka said:

The point is you are talking about adjusting status after entering the US on a visitor visa prior to coming to the US on an open immigration social media site.  The terms of service of this site will not allow anyone to tell you this is a legal option when you are currently outside of the US.

 

Good Luck!

Understood. Thanks so much 

Dashinka Grand Master

Dashinka   24,767

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
1 minute ago, Tonks777 said:

Understood. Thanks so much 

That being said, I hope things work out with your mother.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

SalishSea Grand Master

SalishSea   18,125

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted (edited)
15 hours ago, Tonks777 said:

Hello and thanks for reading. 

 

My wife (Canadian) and I (USC) have been living in Canada the past six years. My mother is not doing well and I need to move home for awhile to assist her within the United States. I do not know how long this will be. My wife and daughter will be coming as well with a planned stay of only two months. 

 

Should this move turn into an extended stay, would there be an issue filing for an adjustment of status? As of now I can't sponsor my wife as I do not have an established domicile within the US as of yet. The future is also uncertain as we'd rather still reside in Canada but life happens. This is all so confusing. 

She is not eligible to AOS.  You need to petition her for a visa, like everyone else.

 

You certainly can petition her before becoming domiciled.  You have loads of time before that needs to be done.

 

Edited by Jorgedig
 
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