Adjusting From Visitor To Permanent Resident

[Torontoborn 0]

Hello VJ members, first of all let me complement how awesome this site is and I have been an avid reader of this site for sometime now. This is my first post in this forum, so I am hoping to get to know some people in here and hope to learn more about the AOS process and other peoples immigration journey.

Here's a little bit about me and my story: I am born and raised in Canada to be exact, I am from Toronto, Ontario, and my wife is born in Williougby Ohio and raised in Fairport Ohio. I met my wife on myspace and we chatted for a year before we decided to turn it into a realtionship. I visited her in Ohio a few times and she would come to Toronto to visit me also, we have been together for a year and 2 months and married for a month and 3 weeks, My last visit to Ohio was March 2008 and we talked and decided we couldnt be away from one another anymore and we love each other, so we didnt want to go the finacee visa route as it would take too long and it would be too hard to be apart from one another. Anyways I had no intention on my last visit to stay in Ohio as I had a round trip ticket back to Toronto on a Sunday as I had all my friends, responsibilites, my family and my job back in Toronto, so on that Sunday I didnt end up going back to Toronto and stayed in Ohio. My intention was to stay abit longer and go back to Toronto, but spur the moment we decided to get married May 10th, and I havent been back to Toronto ever since.

This question is directed specifically to all Canadians and people who adjusted their status from a visitor to permanent resident. The majority of the people in this forum are K-1 visa holders, so adjusting of staus is totally different. How many of you guys decided to use a lawyer and is it necessary to use a lawyer? Did having a lawyer help process your application faster? I am asking because we are possibly using a lawyer and wanted to know the fees and what kind of things do you have to turn over to them? What are the things needed to start the application? What kinds of documents are needed for me being the Canadian to fill out the paperwork? How much does it cost to file? How long does it take to get an interview?

I am sorry that this post is lengthy, but I am a sponge in this situation and I want to soak in all the information I can about what to expect and the process. Thank you in advance and hope to get responses.

[Carlawarla 1]

Welcome Torontoborn to VJ. I'm not going to write out everything that you need to consider at this point, but will provide you with a couple of links you need to read, which will explain the forms and processes you need to do now...

http://www.visajourney.com/forums/index.ph...page=i130guide2

http://www.visajourney.com/forums/index.ph...mp;page=i130faq

The first link is about the I-130 on the petition that will need to be completed to have you remain here, and the second link is about the FAQ's assembly instructions and other forms such as the I-485 you'll need to fill out. Everything is in the Guides above you on this site. There are also forms to download as well. Make sure they're the up to date forms, and if not, you can download current ones from the USCIS website.

What you really need to remember right now, is that you shouldn't leave the US. If you do, you'll not get back into the US, and you'll have to do all the paperwork now from afar and won't be back in the US until the process is completed!

Two things you're going to have to show evidence of in your petitions now...first, that you have a bonafide relationship, the second, that you had no intention of visiting the US, with the intent to marry and stay here during your last visit. There have been a few people that have done this, and I will say it's usually looked on by some people, and sometimes from the Gov't. as an intention to bypass the other visa systems in place...so please be aware of this.

Your story lends itself however to this not being the case, particularly with the ties you still had with Canada during your last visit. Most specifically the job! You'll see when you fill out the forms what evidence, like boarding passes, pictures, emails etc. you'll need as evidence of your relationship. You will also have evidence, which you'll probably need copies of, to show that you had ties to Canada and that you didn't visit your now wife in the US with the intention to immigrate.

Many people here on VJ didn't use a lawyer, however there are a few that have. Whether it be for peace of mind, or because there are complications in their case, they've chosen to get a lawyer involved. After reading all the Guides, and asking questions here, you still think you need a lawyer, then by all means hire one. Fees vary, and lawyers for this type of thing can usually cost between $500.00 to $3000.00. Again, you're going to have to weigh the cost, and make sure if anything, you get an immigration lawyer, someone who might be familiar with this type of circumstance.

If you say you're a sponge... Then start by reading the Guides above, and looking the forms. It will spell out exactly what you need in addition to the forms you have to send in.

You're not the first Canadian here on VJ that stayed and married while on a visit! Maybe someone will come along and respond to your post that has done such, and adjusted status after that.

Best of luck to you!

[Krikit 1,163]

Welcome to VJ, TorontoBorn. Just one thing that caught my eye in your post..... lawyers will not speed up the process. In fact, they tend to slow it down due to delays and errors. And you'll still have to do all the work.... they're only transcribing what you tell them.

Keep all your evidence of planning to return to Canada..... including your unused return ticket. You will need it to prove you did not have immigrant intent when you arrived here.

You will get most of the answers to your questions from the links Carla provided. As for estimates on timelines..... they're anybody's guess. It's like herding cats or nailing jello to a tree.... impossible to do. "Months" is my best guess.

There are lots of others who adjusted status the same way you are. Look for posts by Kez/JWolf. Kez has recently passed away, but she adjusted from a visit and has some good posts. All the best.

[thetreble 19]

Hey Torontoborn. You have come to the right place for info.

I was a visitor who adjusted status in the US after being married. Lots of people will look down on this process as they see you are over-stepping the rules and every one else who goes the K-1. K3 or CR1 route. I had absolutely no problems what so ever and had my green card in 4.5 months. You even have a stronger case than I did as I drove my car into the US so had no return ticket, and had been let go from my job as it was a contract position only. But I still made it with no problems.

We got a lawyer that costs us approx. $3,000. What a waste of money. All the lawyer did was type in the the information we gave him and physically send off the paperwork. He came to us on the interview day for all of 2 minutes because that was about how long our interview lasted. It was a total waste of money and if I could do it all again I would do it all myself. Unless your situation is complicated, which I believe it is not, it probably is not necessary.

[T.O_2_FL 0]

I agree that if you're situation is not complicated then try to do it yourself to save the money rather than using a lawyer...good luck!

[Torontoborn 0]

Welcome Torontoborn to VJ. I'm not going to write out everything that you need to consider at this point, but will provide you with a couple of links you need to read, which will explain the forms and processes you need to do now...

http://www.visajourney.com/forums/index.ph...page=i130guide2

http://www.visajourney.com/forums/index.ph...mp;page=i130faq

The first link is about the I-130 on the petition that will need to be completed to have you remain here, and the second link is about the FAQ's assembly instructions and other forms such as the I-485 you'll need to fill out. Everything is in the Guides above you on this site. There are also forms to download as well. Make sure they're the up to date forms, and if not, you can download current ones from the USCIS website.

What you really need to remember right now, is that you shouldn't leave the US. If you do, you'll not get back into the US, and you'll have to do all the paperwork now from afar and won't be back in the US until the process is completed!

Two things you're going to have to show evidence of in your petitions now...first, that you have a bonafide relationship, the second, that you had no intention of visiting the US, with the intent to marry and stay here during your last visit. There have been a few people that have done this, and I will say it's usually looked on by some people, and sometimes from the Gov't. as an intention to bypass the other visa systems in place...so please be aware of this.

Your story lends itself however to this not being the case, particularly with the ties you still had with Canada during your last visit. Most specifically the job! You'll see when you fill out the forms what evidence, like boarding passes, pictures, emails etc. you'll need as evidence of your relationship. You will also have evidence, which you'll probably need copies of, to show that you had ties to Canada and that you didn't visit your now wife in the US with the intention to immigrate.

Many people here on VJ didn't use a lawyer, however there are a few that have. Whether it be for peace of mind, or because there are complications in their case, they've chosen to get a lawyer involved. After reading all the Guides, and asking questions here, you still think you need a lawyer, then by all means hire one. Fees vary, and lawyers for this type of thing can usually cost between $500.00 to $3000.00. Again, you're going to have to weigh the cost, and make sure if anything, you get an immigration lawyer, someone who might be familiar with this type of circumstance.

If you say you're a sponge... Then start by reading the Guides above, and looking the forms. It will spell out exactly what you need in addition to the forms you have to send in.

You're not the first Canadian here on VJ that stayed and married while on a visit! Maybe someone will come along and respond to your post that has done such, and adjusted status after that.

Best of luck to you!

Thank you Carlawarla for responding to my post and for the warm welcome on the Canadian forum. Thank you for your advice and information, I truly appreciate it. The other question I have is what would you say are prime examples of complications that people have who hire lawyers? The costs to hire a lawyer is outrageous, oh my and my wife is the one who wants to hire a lawyer because she feels if we do it we will make mistakes on the applications and it will delay the process. I have looked over the guidies and it is straight forward. You gotta love the sponge comment hahaha, but honestly though this is a wealth of information that I didnt know and learned so thank you very much and i will read the guide and take your advice as you seem to know what your talking about. Thanks again.

[Torontoborn 0]

Welcome to VJ, TorontoBorn. Just one thing that caught my eye in your post..... lawyers will not speed up the process. In fact, they tend to slow it down due to delays and errors. And you'll still have to do all the work.... they're only transcribing what you tell them.

Keep all your evidence of planning to return to Canada..... including your unused return ticket. You will need it to prove you did not have immigrant intent when you arrived here.

You will get most of the answers to your questions from the links Carla provided. As for estimates on timelines..... they're anybody's guess. It's like herding cats or nailing jello to a tree.... impossible to do. "Months" is my best guess.

There are lots of others who adjusted status the same way you are. Look for posts by Kez/JWolf. Kez has recently passed away, but she adjusted from a visit and has some good posts. All the best.

Thank you Krikit for welcoming me to the Canadian forum, I think the Canadian thread is awesome and I think its very cool to meet fellow Canadians as well. My comment inregards to having a lawyer speeding up the process does come off as ignorant so excuse me on that, but I do follow what you are saying though as I heard from reading other posts.

I will absouletly keep all the evidence of planning to return to Canada and I definately do have all of that. Intent is such a tricky thing to prove.

I absouletly did get my questions answered by Carla and she is truly so awesome to have give me step by step instructions. I think she is very smart and knows what she is talking about. Thanks again Carla.

I will have to definately look for posts by Kez/JWolf to get info and advice. Oh my, I am so sorry to hear that Kez has passed away and my condolences goes out to JWolf, friends and to their family for their loss.

Thank you for your help.

[~Laura and Nick~ 5]

Welcome to VJ!! Congratulations and best of luck on your journey

[Krikit 1,163]

Looks like Bluegreen has just posted their approval from the same type situation.... Link

And their review.... Link

[Torontoborn 0]

Hey Torontoborn. You have come to the right place for info.

I was a visitor who adjusted status in the US after being married. Lots of people will look down on this process as they see you are over-stepping the rules and every one else who goes the K-1. K3 or CR1 route. I had absolutely no problems what so ever and had my green card in 4.5 months. You even have a stronger case than I did as I drove my car into the US so had no return ticket, and had been let go from my job as it was a contract position only. But I still made it with no problems.

We got a lawyer that costs us approx. $3,000. What a waste of money. All the lawyer did was type in the the information we gave him and physically send off the paperwork. He came to us on the interview day for all of 2 minutes because that was about how long our interview lasted. It was a total waste of money and if I could do it all again I would do it all myself. Unless your situation is complicated, which I believe it is not, it probably is not necessary.

Hey thetreble thank you for the welcome and I absouletly feel I did come to the right place. I know people frown on this process absouletly because as you clearly stated people go the visa route with the K-1, K-3, CR1 etc etc. This gives me a lot of hope hearing people like you who have gone through similar experiences like myself to prevail this process. I think 4.5 months is very quick to receive the green card as I heard it can take a 1yr or even longer somtimes. I just think the US immigration process is so complicated. I am glad that you didnt have any problems with adjusting your status.

WOW $3000 is a whole lot of money as the AOS application is half the cost of the lawyer fees. I think my wife and I are just scared to make any mistakes or miss anything needed because it will delay the process and give us an RFE. I want to ask if you dont mind, what was the interview like? I have been a broken record on my question about complicated, but what things would you consider to be complicated if you were to guess? By the way I read your post about leaving New Jersey and going back to Canada, first of all I think everyone has a right to feel at peace where they live and everything you said I agree with, I totally think it is a hostile environment you are in and I am sorry to hear you are experiencing this. I definately would sugest you to find somewhere where you can be at peace. How far are you from New Jersey to Ottawa? I think living in a border state would help so you can visit Ottawa more often. I am 4 hrs away from Toronto to Ohio one way. I miss Toronto badly because of the way of life, the multiculturalism, my friends, family all the things to do and I am here for my wife thats why I am here. Ohio is not a bad place but it will never feel like home to me as you expressed and many other Canadians expressed. I would love to live in a border state like Buffalo just to be closer to Torotno, but that will be in due time. Thank you again for your advice and take care.

[Torontoborn 0]

I agree that if you're situation is not complicated then try to do it yourself to save the money rather than using a lawyer...good luck!

Thank you T.O_2_FL for your advice and it seems to me that using a lawyer wont help. Good to see another person from Toronto . Thank you for the good luck.

[Torontoborn 0]

Welcome to VJ!! Congratulations and best of luck on your journey

Thank you Laura for the welcome and congrads I truly appreciate it. There are so many awesome Canadians on this forum. I just want to say congradulations to you for getting your visa approved, you definately deserve it as I read my threads on this forum and you seem to be a very nice person and well deserving of it. Take care and thanks again.

Looks like Bluegreen has just posted their approval from the same type situation.... Link

And their review.... Link

Hey Krikit I did just see bluegreens responses and I will definately have to read them and thank her for her advice and input. Thank you for directing me there though.

[bluegreen 0]

Yep, it's all there in all it's detailed glory. As you know I came across like thetreble - in my car, no pane ticket, and am also a contractor in a business I had started 6 months prior. So that might balance out your (minutely) faster marriage (in your own mind at least).

I also read tons of Kez's posts before I filed and they were super, super helpful.

[thetreble 19]

The interview process is different for every one, but is always easiest when you have lots of documents to prove your relationship is valid. Every one here will advise you to get as many pieces of joint documentation as you possibly can. Owning things together, whether its a house, an apartment, a car, health insurance really helps in proving you didn't marry someone just for US residency. So start getting all that stuff in order and you will be fine. It's not as complicated as it may seem at first. Once you get the hang of it and read past all the confusing jargon, it will be easier. The more stuff you have to prove you are a valid married couple, the less time you will spend in that interview room.

As for missing home, the luck of the draw I guess! haha I will be okay though. I've just gotta move somewhere over here that will make me happy. I will find it, it will just take some work.

Don't be afraid to make mistakes. Read over the info MANY Times and just make sure to dot your i's and you will do fine.

[Torontoborn 0]

Yep, it's all there in all it's detailed glory. As you know I came across like thetreble - in my car, no pane ticket, and am also a contractor in a business I had started 6 months prior. So that might balance out your (minutely) faster marriage (in your own mind at least).

I also read tons of Kez's posts before I filed and they were super, super helpful.

It sure does give me great hope to hear stories and advice from thetreble, Kez and yours that the process is gonna be alright if I follow and read the directions carefully. I will definately read Kez's posts before I start the process. Thank you again for sharing your experience and info with me.