What Can I Expect from AOS process?

[rexalite 0]

So I have been advised to switch from my CR1 visa application to Adjustment of status. I guess I am not switching, but abandoning my CR1? I entered the US on a tourist visa. I'm not sure how to proceed - how do I cancel my CR1 interview? How do I get my documents back that have been sent in? Will my application take longer to process since I am not a visa holder? I see that some people are getting their AOS processed in 3 months- what can I expect? What's the worst case scenario?

[blue123 0]

So I have been advised to switch from my CR1 visa application to Adjustment of status. I guess I am not switching, but abandoning my CR1? I entered the US on a tourist visa. I'm not sure how to proceed - how do I cancel my CR1 interview? How do I get my documents back that have been sent in? Will my application take longer to process since I am not a visa holder? I see that some people are getting their AOS processed in 3 months- what can I expect? What's the worst case scenario?

Why? You are almost done. Couldnt you return to Canada for your medical and interview, then you could re-enter and have your GC straightaway and save lots of time and money.

[rexalite 0]

Why? You are almost done. Couldnt you return to Canada for your medical and interview, then you could re-enter and have your GC straightaway and save lots of time and money.

The problem is that I have been in the US too long. I'm not technically an overstay because I am Canadian, but I entered to visit my husband, and while I was visiting, I had a complication wiht my pregnancy that kept me from returning to Canada. The laywer said that even though I am not subject to an overstay ban, the CO could question my intent when I entered the US, and deny my visa on those grounds, then my baby and I would be stuck in Canada while we applied for a hardship waiver. The lawyer said that the chances are the same that I could be denied at AOS too, but if that happened, I would remain the US while we appealed.

I'm really not sure what to do! I didn't do anything intentionally wrong, but the lawyer said the burden was on me to establish that when I entered as a tourist, I wasn't intending to stay. I wasn't questioned at all by the border guard, just waved through. I only had a one way plane ticket though ,and had no set date for my return to Canada.

Is it recommended to have a lawyer prepare the AOS documents? I"m not sure why I would, but maybe I should talk to an AOS specialist and get a second opinion. Any recommendations?

[Dakine 26]

So I have been advised to switch from my CR1 visa application to Adjustment of status. I guess I am not switching, but abandoning my CR1? I entered the US on a tourist visa. I'm not sure how to proceed - how do I cancel my CR1 interview? How do I get my documents back that have been sent in? Will my application take longer to process since I am not a visa holder? I see that some people are getting their AOS processed in 3 months- what can I expect? What's the worst case scenario?

For one it is "almost" impossible to get documents back from USCIS. I filed to get ours back a couple years ago and nothing so far. To me it would be best to go with the "safest" way no matter how long it takes.

[blue123 0]

Why? You are almost done. Couldnt you return to Canada for your medical and interview, then you could re-enter and have your GC straightaway and save lots of time and money.

The problem is that I have been in the US too long. I'm not technically an overstay because I am Canadian, but I entered to visit my husband, and while I was visiting, I had a complication wiht my pregnancy that kept me from returning to Canada. The laywer said that even though I am not subject to an overstay ban, the CO could question my intent when I entered the US, and deny my visa on those grounds, then my baby and I would be stuck in Canada while we applied for a hardship waiver. The lawyer said that the chances are the same that I could be denied at AOS too, but if that happened, I would remain the US while we appealed.

I'm really not sure what to do! I didn't do anything intentionally wrong, but the lawyer said the burden was on me to establish that when I entered as a tourist, I wasn't intending to stay. I wasn't questioned at all by the border guard, just waved through. I only had a one way plane ticket though ,and had no set date for my return to Canada.

Is it recommended to have a lawyer prepare the AOS documents? I"m not sure why I would, but maybe I should talk to an AOS specialist and get a second opinion. Any recommendations?

Sorry I dont know much about Canadian entry requirements but I would have thought by returning to Canada for interview it shows you didnt intend to stay. Staying and going for AOS seems to signify intent to stay. But that is just my opinion. I would get a second opinion from a lawyer. I have a lawyer who deals only in family immigration, I would be happy to give you his details, I am sure he would tell you over the phone your best course of action.

[rexalite 0]

I am not sure. I have got so much conflicting advice my head is spinning. I would be grateful for any lawyer referral you have.