AOS while on a visitor visa from Canada?

[BradnKim 0]

Is anyone else filing a Adjustment of status while on a visitor visa from Canada? Woudl be nice to hear from others. We have not filed any paperwork yet... still gathering documents etc. Thanks!

[Chica Yeyé 41]

Did you come in with the intent to get married? If so, no AOS. If not, you can adjust status from within, but you cannot leave the US until your AOS is resolved.

[BradnKim 0]

Did you come in with the intent to get married? If so, no AOS. If not, you can adjust status from within, but you cannot leave the US until your AOS is resolved.

No, he came down just to visit... It was my great idea to go get married a week and a half after he had been here Now I'm worried about what we got ourselves into as far as immigration Was hoping that there were others on VJ that were in the same position.

[Flames9_RN 358]

We got married one weekend and a few days later started the cr-1 process. many people go this route!!

[Krikit 1,163]

Welcome to VJ! We've got three newbies today. I'm sure you'll get a lot of good advice. If you do a search you'll probably find a lot of people who have done this. Congratulations on your wedding!

[BradnKim 0]

We got married one weekend and a few days later started the cr-1 process. many people go this route!!

We would like for him to remain in the US and just Adjust Status here, rather than going back and going the CR-1 route. I was told that as long as he did not come down with the intent to marry and stay then it would not be a problem to just do the I-130 to adjust status while he is here.

[BradnKim 0]

Welcome to VJ! We've got three newbies today. I'm sure you'll get a lot of good advice. If you do a search you'll probably find a lot of people who have done this. Congratulations on your wedding!

Thank you! Geez... it's all so intimidating right now! I am scurrying to get copies of everything that is required. Do you know how we go about getting the police records from Canada? He had a really old stupid offense that is on there somewhere, so I need to know who we contact to get a copy of that.

[Flames9_RN 358]

yes if one came to the USA with NO intent of staying then ended up staying, its fine!! But to play devils advocate, how does one prove that? And yes some couples do that! each their own!! keep in mind, that he should not leave until the AOS process is over!! leaving actually isnt the problem, the problem may be returning to the USA! So if he has a death in the family etc, he/she may not be able to return!! best of luck!!

[L_n_O 3]

Get him to contact the police commisionaires office in Canada closest to where he lived

[BradnKim 0]

yes if one came to the USA with NO intent of staying then ended up staying, its fine!! But to play devils advocate, how does one prove that? And yes some couples do that! each their own!! keep in mind, that he should not leave until the AOS process is over!! leaving actually isnt the problem, the problem may be returning to the USA! So if he has a death in the family etc, he/she may not be able to return!! best of luck!!

He really did not plan on staying. It was my great idea to get married right away, and now look what we're facing... I'm sure we'll be fine. We are getting a notorized letter from our minister stating that we contacted her on a Thursday to arrange for a private ceremony that weekend. We had no guests and strangers as witnesses. Hopefully that will be convincing enough? His family is in Canada so anything he needs done or sent can be done without returning for now. If he had a death in the family that would definitely suck though.... we will have to cross our fingers! I still have not heard from anyone else on here that is going this route

[Carlawarla 1]

Hi and welcome to VJ! I don't know if in recent memory I can remember any Canadians that came down to the US, got married, and are trying to adjust status. A few got married here, or in Canada, but went back to their respective countries to come down on another visa.

Now that he's here, and you're married, the important thing is to remember, that until he has Advanced Parole, he can't leave the USA.

If you're looking for information on Adjusting Status, there is a forum here for that, and I believe there are a few people who have married while in the US and are adjusting status that way there, maybe not specifically Canada.

What evidence you'll need for AOS, is basically the same as for anyone else adjusting status, you just may get more scrutiny because you did it this way. There questions will be try and determine if this was planned.

Remember to read the guides and example forms, and you'll be fine.

The only thing that jumped out at me, was the issue of a criminal record? That might hold you up, given if he was coming to the US via another visa, he might have had to procur other information besides his criminal record. There might be some hoops to jump through in terms of this. Might be more closely scrutinized as well if they thought he came to the US to marry and adjust because of this even. I don't know, sorry...I don't know all your circumstances!

Best of luck on your journey!

[Reba 2]

If he has a criminal record, he'll have to have fingerprints done and have the RCMP run them in Canada. I guess you'll have to find out from your local police station if they'll print him and then give you the card so you can mail it up to the RCMP. If you Google RCMP I'm sure there's information on their website about how to do it.

[bluegreen 0]

We did this! We're in AOS process right now. I'm patiently waiting for my AOS and AP.

I don't think you'll have any trouble proving intent on entry. Keep in mind you have to prove that you had no intention of IMMIGRATION rather than no intention of marriage. It seems a bit like semantics...but there is a difference. I have a letter from clients stating I was booked for ongoing jobs in the spring (I am a private contractor), a mortgage, I brought my car down on my visit and the insurance expired after three months, etc, etc. Bills, cell phone, everything. Our wedding WAS spur of the moment but that is not central to my case in my mind.

We got married after I was here 2 months as a visitor soI didn't overstay, so I AM planning on leaving on AP. AP seems to be a very vague grey area but from the research I've done, if you were not in overstay when you applied for AOS it's okay to use it. I might lose my ability to appeal if I get an AOS denial, but I have added up the pros and cons (I have many personal reasons for needing to travel), we've decided I'll probably use it in May. Don't take this as correct, this is my own personal risk I'm taking here as there seems to be no perfect answer I can find.

Please feel free to PM me if you have any questions. I'm not done yet but I can comment on the process thus far. I don't know about the police report question, but anything else. There are definitely lots of Canadians on here who have done this and are currently doing it. It is totally legal and acceptable, as long as you can genuinely say you did not have the intention of immigration when you entered.

Edited April 5, 2008 by bluegreen