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Adjustment of status in the US

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Filed: Country: Canada
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Hi VJ community!
I am a Canadian citizen and my husband is American. We got married in Canada a year and a half ago and have been living there since. We entered the US as visitors earlier this month (meaning I don't have a visa), and I am now hoping to apply for an adjustment of status from within the US to apply for a green card. From reading what others have said on VJ, it sounds like we need to fill the I-130 and I-485, and wherever they ask me for my I-94, I can simply write "No I-94/Canadian citizen". Is this correct? And is our approach sound?
Also, I know I can be a visitor to the US for up to 6 months, but if the green card takes longer than 6 months to process, would I be "overstaying"? Or would I have the right to remain in the US until they process my application? Does an application for advance parole affect that in any way?
I know this question has been posted before, so apologies for the repost. It would be really great to know that the information I read is still up to date though. Thank you very much!
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Filed: Citizen (apr) Country: Hungary
Timeline

Follow this guide:

http://www.visajourney.com/content/i130guide2

You're fine. Once USCIS accepts your application you'll get a NOA1, you'll begin a new period of authorized stay until your application is adjudicated. Don't leave the US without AP (you'll get your AP and EAD about 60-90 days after filing).

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: AOS (apr) Country: Canada
Timeline

Hi VJ community!

Also, I know I can be a visitor to the US for up to 6 months, but if the green card takes longer than 6 months to process, would I be "overstaying"? Or would I have the right to remain in the US until they process my application? Does an application for advance parole affect that in any way?

Once you apply for you green card, you are no longer a visitor, you are adjusting status, you can remain in the USA until your application is completed, you wouldn't be overstaying. Advance parole is the document you will need if you want to travel outside the USA. It will allow you to return to the USA and resume your status adjustment.

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Just be careful about AOS on a non immigrant visa.

We thought about it as I'm going to be in the states next week. But taking advice of VJers and also speaking to a friend of mine it just wasn't worth the risk.

Better off applying for a cr1 and going back and forth from Canada to the USA. Atleast that way you can continue to work in Canada and save money and when you do get your visa you get your greencard straight away and there's no waiting for work permit or travel permit too.

Apply for CR1

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Filed: Other Country: Canada
Timeline

Just be careful about AOS on a non immigrant visa.

We thought about it as I'm going to be in the states next week. But taking advice of VJers and also speaking to a friend of mine it just wasn't worth the risk.

Better off applying for a cr1 and going back and forth from Canada to the USA. Atleast that way you can continue to work in Canada and save money and when you do get your visa you get your greencard straight away and there's no waiting for work permit or travel permit too.

Apply for CR1

No need. Op should aos fine.

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~~moved to AOS from tourist, work , and student visa from Canada regional forum. Topic is not regionally specific~~

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Citizen (apr) Country: Hungary
Timeline

Just be careful about AOS on a non immigrant visa.

We thought about it as I'm going to be in the states next week. But taking advice of VJers and also speaking to a friend of mine it just wasn't worth the risk.

Better off applying for a cr1 and going back and forth from Canada to the USA. Atleast that way you can continue to work in Canada and save money and when you do get your visa you get your greencard straight away and there's no waiting for work permit or travel permit too.

Apply for CR1

Wrong, wrong, wrong.

OP is already in the US so can legally AOS.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Citizen (apr) Country: Hungary
Timeline

Time your AOS application in such a way that it'll be approved AFTER your 2nd anniversary, that way you can skip Removal Of Conditions. (Get a 10-year Green Card to begin with as opposed to getting a 2-year conditional GC first, doing ROC in two years and receiving a 10-year GC after that.)

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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I assume OP is planning to live in the US.

Adjustment of Status from H-1B, Family-Based
07/26/2012 - 10/18/2012: 85 Days from Application Received to GC Received.
Removal of Conditions
07/22/2014 - 11/14/2014: 116 Days from Application Received to GC Received.
Naturalization
02/03/2016 - 05/31/2016 : 119 Days from Application Received to Oath Ceremony.

I am a United States citizen!

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Filed: Country: Canada
Timeline

Thank you guys SO SO much for all your replies! They have been extremely helpful. And yes, it's looking like we'll end up living in the US.

One question regarding the medical exam: since I have most of my other forms filled and the I-693 is likely the last major step holding me back, does it make more sense to just submit my whole application and submit the I-693 separately? I checked this site: https://www.uscis.gov/i-693 and it seems like I can submit it with the I-485 OR after. Does anyone know whether it's better to just send it all in one shot, or to let them start processing the other stuff and then get to the I-693 later? I just don't want the I-693 to be a bottleneck. Thank you once again for all your help and best of luck to anyone else who's still in the process!

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Thank you guys SO SO much for all your replies! They have been extremely helpful. And yes, it's looking like we'll end up living in the US.

Cool. Just wanted to make sure :)

Adjustment of Status from H-1B, Family-Based
07/26/2012 - 10/18/2012: 85 Days from Application Received to GC Received.
Removal of Conditions
07/22/2014 - 11/14/2014: 116 Days from Application Received to GC Received.
Naturalization
02/03/2016 - 05/31/2016 : 119 Days from Application Received to Oath Ceremony.

I am a United States citizen!

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Just be careful about AOS on a non immigrant visa.

We thought about it as I'm going to be in the states next week. But taking advice of VJers and also speaking to a friend of mine it just wasn't worth the risk.

Better off applying for a cr1 and going back and forth from Canada to the USA. Atleast that way you can continue to work in Canada and save money and when you do get your visa you get your greencard straight away and there's no waiting for work permit or travel permit too.

Apply for CR1

Do not apply for CR1 and do not follow above posters advice - its plain wrong. You are in the USA, married to a US Citizen so all you need to do us apply for AOS. Wishing you lots of luck on your new journey together :luv:

Edited by QueenComley

heart.gif Every love story is beautiful, but ours is my favorite heart.gif

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Filed: Country: Canada
Timeline

Hi everyone,

Once again, thank you so much for your replies! They've been really helpful and encouraging. We're done with most forms now and are now filling the I-864 Affidavit of support and we have some concerns regarding our current situation: my husband is self-employed at the moment, with no income to date for this calendar year because we were traveling. However, he was employed full-time for the past 2 years. I read online that in part 6, line 5, when they ask for his "current individual annual income", it refers not to how much he's making at the moment, but how much he expects to make this calendar year. So my questions are:

1) Would it be ok for us to claim that he'll make x amount this year, assuming he'll soon find new employment, and provide tax info that shows he was indeed making money for the past 2 years, at above 125% the federal poverty guidelines? We have about 30k USD in savings but no other valuable assets such as real estate. As for how much he expects to make this year, since it's end of March, would it be safe to assume that he'll make, say, at least half of what he normally makes working a full year?

2) Will they "discount" his earnings for the past 2 years since they were in Canadian dollars? The exchange rate isn't very favourable to the CAD right now so would it make his previous earnings extra bad? Either way, we would still not be below the poverty line. It's just that I worry that if they shave off 35% of his earnings after currency conversion, they may think we're overstating his earning potential for this year since he now expects to earn USD. The dilemma for us is essentially to not understate his income to the point where immigration thinks I'll rely on social security, but also not overstate it without sufficient proof.

3) Would it help to explain our situation in the cover letter, including how we've been staying with family and friends and have minimal expenses?

At the end of the day, my main question is whether we're ok to go ahead given our financial position, or whether we'd have to get a co-sponsor, which we'd really rather not do. Thank you so much for your input!

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