I am an American citizen and my husband is Canadian. We were married in a small ceremony in Canada last February (2019) but have not yet filed I-130 for a lot of reasons. We both live close to the border and have been together in a long distance relationship for going on 11 years now, so it worked out fine for us to visit back and forth regularly until we had the money saved up to file.
Shortly before border travel bans between US and CAN were enacted, my husband came to stay with me with the intention of staying for a couple weeks. He took that amount of time off work (he works in a restaurant), and when we crossed together, he was admitted entry with no issue. We travelled together because his car was in disrepair, and it's not uncommon for us to drive back and forth together when visiting one another. However, once he was here, things in MI took a sudden sharp turn south in regards to Covid.
Rules about crossing have been confusing and somewhat difficult to follow since, and we were unsure of what would happen should we try to cross back into Canada together. His work was understanding of the situation, especially as they had to reduce staff hours due to Covid restrictions themselves, and so he decided to stay here for as long as possible. Now that we are coming up to his 182 days and having to plan to bring him back to Canada, I am heartbroken at the idea of having to be here alone and unable to see my husband with uncertainty of when borders will be open. Both of our mental health has taken a huge hit, as we both already struggle with anxiety/depression outside of the Covid crisis and everything else going on at this time.
Our original plan was to file for I-130 once he was in Canada and we were planning to file that as soon as I come back from taking him home...However, I would like to know if there is any way at all possible that we could instead file for an AOS and allow him to stay here instead? I own my home and make enough money that I could support both of us until he gets his Green Card, and his family/friends in Canada would be able to at least visit him here during that time if he could not travel.
We are just struggling mentally and want nothing more than to be together at this time.