Help! Immigration of USC and Canadian spouse while visiting

[EdwardES 0]

My spouse (Cdn) and I (dual US/Cdn) are in the US to visit family.

 

We have both lived in Canada our entire lives; we've been married for 10 years. I haven't visited the US in a long time, but recent family changes has meant that we booked a flight and came out to visit the US side of my family.

 

While here, my family has warmly welcomed us into their lives and we feel a lot of love and support from them.

My spouse and I have been talking and we've decided it would make sense to move here.

 

I've been reading here and on Visajourney but haven't found many examples of people in our circumstances.

 

Can we apply for an AOS or would that be illegal?

 

I understand that would mean my wife would be "stuck" in the US for a considerable length of time (8 months or more?) awaiting AED and AP.

 

Is there a better or faster method?

[Dashinka 24,498]

If you are currently inside the US and can swing your Canadian spouse not working or leaving the US for several months, you can legally adjust status.  If you are not currently inside the US then that is not an option.

 

The fastest method is direct consular filing with exceptional circumstances, but not everyone meets those requirements.

 

Good Luck!