adjustement of status Seeking advice for AoS

[HelloDKS 1]

Hi all! I stumbled onto VJ upon researching for my current situation. I did some searching, found some old topics, but I have a few things that I want to ask and get some clarification on. We are currently legally married, we got married in a civil ceremony in September of 2022 this  year in Canada, Ontario. We received our official certificate last month. We've been doing on and off LDR for our entire relationship, with several trips between Canada and States. We're planning for our Ceremony in July of 2023, and she is about to leave Canada next month to return home, and to plan more of our ceremony. My job is remote, so I am used to working while in the States while dealing with time zone differences. I was planning on going down to visit her for her birthday in late March. I had heard that I could file for an AoS when I arrive. I do have strong ties to Canada, and I have not fully committed to this idea. We were going to begin the CR-1 visa process post-ceremony, though that could take quite a long time from what I understand.

What are some advantages and disadvantages at this state? I know that if I file my AoS, I will not be able to travel until my AD comes back. I am okay with this. I'm looking for what might be the easiest solution to ensure that we are no longer doing LDR every several months.

I've never had any issues with visiting the States, and they've always let me go through. This is the first time, however, I will be crossing and telling them I will be visiting for my wife's birthday.

Would I qualify to file for my I-130, 485,  785 and 131 once I arrive in the States if I do change my mind when I arrive?

 

Thanks in advance!

 

 

[Crazy Cat 41,811]

"I had heard that I could file for an AoS when I arrive. "

 

You cannot enter the US as a visitor with the intent to stay and adjust status. That is fraud.  Adjustment of status is not available to you

Edited December 31, 2022 by Crazy Cat

[Ontarkie 14,216]

~~Moderation warning right off the bat here. Planning to enter the US to Adjust is fraud that topic is off the discussion table. Do Not do this. The thread will be locked if this discussion continues, that includes the what if's. As they do not apply to this OP. Member's do not bring up scenarios that do not apply to the OP.~~

 

Now that that is done Mod hat off. 

I'm glad you found VJ because there are a few things here that can get you in trouble and end up with a ban to the US. You cannot work in the US while you're on vacation/visiting your wife. It is illegal and if the border agents ever catch wind that you have done so previously or plan to do it again you will be banned. That will also add a lot more time to your immigration journey. While visiting you need to do just that visit. No working, it does not matter if your company allows you to be remote, the US does not allow their visitors to work while on US soil without the proper visa. 

 

Planning to AOS is also illigal and if the border catches even a glimpse of this they will ban you and you guessed it cause more time for your legal immigration.

Edited December 31, 2022 by Ontarkie

[HelloDKS 1]

Just now, Ontarkie said:

~~Moderation warning right off the bat here. Planning to enter the US to Adjust is fraud that topic is off the discussion table. Do Not do this. The thread will be locked if this discussion continues. ~~

 

Now that that is done Mod hat off. 

I'm glad you found VJ because there are a few things here that can get you in trouble and end up with a ban to the US. You cannot work in the US while you're on vacation/visiting your wife. It is illegal and if the border agents ever catch win that you have done so previously or plan to do it again you will be banned. That will also add a lot more time to your immigration journey. While visiting you need to do just that visit. No working, it does not matter if your company allows you to be remote, the US does not allow their visitors to work while on US soil without the proper visa. 

I had no idea. The disadvantages of being young.. I am very glad I found this place.

That said, I understand the moderation warning. The above post also made it clear. I can delete this post, if you'd like? I sort of got my answer within a few minutes. Haha.

[Ontarkie 14,216]

2 minutes ago, HelloDKS said:

I had no idea. The disadvantages of being young.. I am very glad I found this place.

That said, I understand the moderation warning. The above post also made it clear. I can delete this post, if you'd like? I sort of got my answer within a few minutes. Haha.

We can lock it so members can focus on your legal questions/options. 

 

 

 

~~Thread locked~~

Edited December 31, 2022 by Ontarkie