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AOS: Canadian Application Type Query

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Filed: Citizen (apr) Country: Canada
Timeline

I am asking this on behalf of two friends who do not have access to the forum, and as I cannot recall the answer myself, I am hoping some of the forum members could help.

Situation: Canadian friend comes down to visit his longtime American girlfriend over Thanksgiving (late November) with intention to stay for the long weekend only. A major, very unexpected personal situation suddenly arises before he intends to go back, and they end up getting wed in a civil ceremony in the American's home state of Michigan later that week. He has remained in the US since then while she recuperates.

He is applying for an AOS together with a petition: I-485/I-130.

In part two of the application, which category does he select?

B) My spouse or parent applied for AOS? She is a US citizen born in the US, not an immigrant.

H) Other basis of eligibility?

If H, what should the explanation be? Simply that they concurrently filed the I-130 and he entered the US with intentions to go back home to Canada, but the disclosed circumstances led them to unexpectedly marry and they were never intending to at the time?

Thanks.


26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

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Filed: AOS (apr) Country: Philippines
Timeline

A. An immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

it makes more sense when you read it with without the added or, or language

Edited by payxibka

YMMV

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Filed: Citizen (apr) Country: Canada
Timeline

Ah, wonderful. That was my first guess but then the immediate thing rather threw me off. I really do appreciate the help here -- if I haven't said it before, I am beyond grateful for all the support and knowledge Visajourney has supplied.


26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

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