Seeking Clarification AOS

[Jayne 6]

It seems too good to be true! Am I understanding correctly that "Certain bars do not apply to an immediate relative. An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

-The applicant is now employed or has ever been employed in the United States without authorization

-The applicant is not in lawful immigration status on the date he or she files the adjustment application

-The applicant has ever violated the terms of his or her nonimmigrant status

I came to the US from Canada in 2000 to live with my Mom who was an lpr. I met my now usc husband shortly after and we moved in together. I have lived here ever since. I went back to Canada to visit once a year and was always granted reentry to the US on a visitors visa. I was never questioned any further after answering the question "what is the purpose of your visit" with the truth. That I was visiting a friend (a life partner, business partner and roomate as well but that was never brought up) and was welcomed to America for another 180 days. By 2016 my husband and I had a thriving business, two dogs and a house. I started to get more nervous that if I visited Canada that I may not be able to return to my home so for about 7 years I didn't. I had not looked into immigrating as I assumed my overstay disqualified me.  Since then I have traveled out of the country 3 times always with no problem coming back and the last time I returned to the US I again was granted an 180 day B2 visa that expired Sept 24 2024. My true love asked me to marry him and October 1st 2024 we finally made it legal. I have no criminal record and have financial proof I would not become a public charge. I would love to file and finally become a lawful permanent resident. In the experienced view of my fellow visa journeyers does my case look promising or am I missing something? It really does seem too good to be true.

[Crazy Cat 42,475]

***Topic moved to Adjustment of Status from Work, Student, or Tourist Visas***

 

I would start the process ASAP.  Laws for immediate relatives of US citizens and policies can change at any time.  Just be prepared to not work or leave the US for several months.

Edited Saturday at 08:25 PM by Crazy Cat

[Edward and Jaycel 697]

Agree with @Crazy Cat.... Get started. As long as you were Inspected and Admitted or Paroled into the US the last time you entered the country, as an immediate relative (spouse) of a US Citizen, you are not barred from adjusting status due to overstays, unauthorized employment, being out of status or violating the terms of your non-immigrant visa. Get the process going!  

Edited Saturday at 09:01 PM by Edward and Jaycel

[EmilyW 1,541]

Since you were honest at the border and confirmed you were visiting / staying with your partner on all of those trips (which you have confirmed, here, that you were living together, so I assume that is what you told border officials), I don't assume any issues with adjusting status now, so long as you are in the US currently.

 

If you are not in the US, you will need to go through the usual consular processing in Montreal.  Someone correct me, if I'm wrong.

Edited Saturday at 09:45 PM by EmilyW

[Rocio0010 5,668]

1 hour ago, Jayne said:

I came to the US from Canada in 2000 to live with my Mom who was an lpr.

How? With what visa?

[Edward and Jaycel 697]

4 minutes ago, Rocio0010 said:

How? With what visa?

 

I think this is the relevant entry to the country:

 

2 hours ago, Jayne said:

the last time I returned to the US I again was granted an 180 day B2 visa that expired Sept 24 2024

 

[Jayne 6]

@Roccio0010 visitors visa

[Jayne 6]

@EmilyW I was not asked if I was living with anyone at the border. At the Canadian/US land border they mostly just scan a Canadian citizens passport and waive them through.

[Crazy Cat 42,475]

For clarity, one cannot legally come to " live with my Mom who was an lpr" via visitor's visa. However, that is moot at this point.  I strongly suggest you and spouse immediately file a concurrent I-130/I-485.

Edited Saturday at 10:25 PM by Crazy Cat

[Jayne 6]

The intent was to visit my mother however it turned out differently as life sometimes does. I wouldn't want anyone to read my post and think that my intent was to stay permanently. That was my bad phrasing. I tried to find the address to send my concurrent filing to on the USCIS site and failed to find it. Can someone point me in the right direction please?

Edited Saturday at 10:31 PM by Jayne

[Crazy Cat 42,475]

2 minutes ago, Jayne said:

I tried to find the address to send my concurrent filing to on the USCIS site

 

USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms | USCIS

 

For Florida:

 

USCIS Chicago Lockbox

U.S. Postal Service (USPS):

USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680

FedEx, UPS, and DHL deliveries:

USCIS
Attn: AOS (Box 805887)
131 S. Dearborn St., 3rd Floor
Chicago, IL 60603-5517

Edited Saturday at 10:33 PM by Crazy Cat

[Edward and Jaycel 697]

1 minute ago, Jayne said:

The intent was to visit my mother however it turned out differently as life sometimes does. I wouldn't want anyone to read my post and think that my intent was to stay permanently. I tried to find the address to send my concurrent filing to on the USCIS site and failed to find it. Can someone point me in the right direction please?

 

https://www.uscis.gov/forms/all-forms/uscis-lockbox-filing-locations-chart-for-certain-family-based-forms

 

Just now, Crazy Cat said:

 

USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms | USCIS

 

Dang it you beat me to it!!   

[Jayne 6]

Since I have "the ear" of such knowledgeable folk do you know where I could find the current filing fees?

[Crazy Cat 42,475]

2 minutes ago, Jayne said:

Since I have "the ear" of such knowledgeable folk do you know where I could find the current filing fees?

G-1055 Fee Schedule

[Crazy Cat 42,475]

I-765 fee will be $260 since it will be filed in conjunction with an I-485.