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JakenLauren

I-130 approved, beneficiary currently in the US, NVC or AOS?

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Hi there,

I am a Canadian married to a US citizen. I came across to the USA via my nexus card and was not asked any questions at the border. My husband (petitioner) submitted our I-130 a couple days before I came across and it was accepted a couple days after I arrived in the USA. Initially our intent was for me to stay for a couple months and then head back to Canada for the visa interview. We had no idea the visa process would take so long. After I had been in the USA for six months the I-130 was approved and our case was sent to the NVC. Thus far we have submitted the DS-261 and paid the first fee.

We found out last week about over-staying and that Canadians without stamps are treated like B-2 visas and are permitted for 6 months only. We also learned about the 180 days of unlawful presence. Given that I have not yet accumulated 180 days of unlawful presence we decided to seek the advice of a lawyer. The lawyer suggested that if I continue with the NVC process, I should go back to Canada prior to hitting 180 days of unlawful presence and that I should be approved at the consulate office in Montreal. However the lawyer also said that I should consider filing an AOS. The lawyer didn't say which option we should do.

After doing research on the AOS we are now very confused. Which process is better? It looks like the same timeline for both (four months for the AOS and four more months for the NVC). We are worried that if I leave I won't get my visa approved at the interview and then I wouldn't be allowed back to the USA. We are also worried that if I stay, they will deny me the AOS because I overstayed my 6-month allowance.

Thank you!

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Overstays are for given when adjusting through marriage to a USC.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yes it is


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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What would be the next step in order for the above person to Adjust their Status? Sorry I am a newb and very curious about all that is involved. Also wouldn't that raise red flags that perhaps the person went with a visa wavier or B2 visa in order to skip the NVC and Embassy interview?

Thank You

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Detailed in the Guides.

No


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Careful using your Nexus card, you will need to update your details once you're a permanent resident and might lose the privilege (of using it, because of the overstay) - give them a call...

Thanks for the advice. I have decided to return (I will go through the regular line for that) and complete the NVC process so maybe I will just stop into a Nexus office in Canada and let them know the situation and see what they say.

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What do you need to update them about? Once you get your green card the next time you cross you update them with that. There is nothing more to update.


As for the overstay, yes you might lose the NEXUS privileges for that, I agree.

Edited by NLR

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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