AOS?

[aspen3239 0]

AOS?

Cr1 or AOS?

Hi there, 29f and my bf 27m.

My boyfriend is a US citizen, I am a Canadian citizen. Dated online bout ten years ago for a while and just recently got back in touch 
and have been dating since March, met for the first time 2 months ago for a whole month in the US! I am visiting him right now for the second time for a few weeks before we both start our new jobs, and we don’t know when we’ll be able to see each other again due to having to wait months for vacation time at work. This is where we both are really just not wanting to be apart, I just want to stay with him. My question is, am I able to stay here and just file for AOS, or should we do Cr1? I don’t want to do anything illegal or risk being banned/denied. I had absolutely no intent to stay when I crossed the border, I have a new job lined up, new car insurance etc and it would be a pain to get my car down here and all of my stuff etc but i would do it just to be with him. I know I wouldn’t be able to work for a year if we did AOS but money wouldn’t be an issue, I’d just have to stay busy. I guess I’m just asking if the AOS would be legal and if we would have a solid chance. If not we would get married and I’d have to return home and wait months to see each other which is super depressing but obviously I’d do it if we have to. Thanks so much.

[Crazy Cat 41,850]

***Moved to What Visa Do I Need?*******

[Crazy Cat 41,850]

Yes, adjusting status in your case is legal.  Once a proper I-485 is filed, you would be authorized to stay in the US until the I-485 package is either approved or denied.  However, there are several differences.  Good luck on your journey.  

 

Adjustment of Status
  Expensive
  Requires I-485, I-765, I-131 packages to be filed.
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-8 months) 
  Spouse can not work until she/he receives EAD (approx 3-8 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  Legal residency does not begin until the Adjustment of Status has been approved.
  Applicant cannot file for citizenship until after having Green Card for 3 years (which is normally months or more after filing the I-485).

CR-1
   No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
   Visiting is allowed during the process (at the discretion of CBP).

 

Edited July 25, 2023 by Crazy Cat

[Crazy Cat 41,850]

Here are the guides for both CR-1 and Adjustment of Status after marriage:

 

 

[powerpuff 6,697]

Yes, you can adjust since you’re in the US now and didn’t have an intent to adjust. 
 

You seem to be aware about not being able to work or travel and depending on the state - drive (you’d be considered a resident of the state so can’t use DL form back home). Lack of SSN also entails difficulties opening bank accounts, signing up for health insurance, etc. I’ve gone through this (K1 though) but luckily I had an SSN already and I could get a drivers license here in NY so that was great. 

[SalishSea 17,829]

22 minutes ago, aspen3239 said:

AOS?

Cr1 or AOS?

Hi there, 29f and my bf 27m.

My boyfriend is a US citizen, I am a Canadian citizen. Dated online bout ten years ago for a while and just recently got back in touch 
and have been dating since March, met for the first time 2 months ago for a whole month in the US! I am visiting him right now for the second time for a few weeks before we both start our new jobs, and we don’t know when we’ll be able to see each other again due to having to wait months for vacation time at work. This is where we both are really just not wanting to be apart, I just want to stay with him. My question is, am I able to stay here and just file for AOS, or should we do Cr1? I don’t want to do anything illegal or risk being banned/denied. I had absolutely no intent to stay when I crossed the border, I have a new job lined up, new car insurance etc and it would be a pain to get my car down here and all of my stuff etc but i would do it just to be with him. I know I wouldn’t be able to work for a year if we did AOS but money wouldn’t be an issue, I’d just have to stay busy. I guess I’m just asking if the AOS would be legal and if we would have a solid chance. If not we would get married and I’d have to return home and wait months to see each other which is super depressing but obviously I’d do it if we have to. Thanks so much.

So you’d just abandon your new job?

 

FYI you will not be able to work remotely, either.