CANADIAN CITIZEN WISHING TO ADJUST STATUS..PLEASE HELP!

[Joshua Ebbi 1]

Hi All,

I am a canadian citizen previously on a TN-1 Status since 2007, met the love of my life (who is an American Citizen) in April 2008 and then got married in May 2009. I was laid off work 2 weeks afer our marriage and had to retrun back to Canada (unfortunately without filing an AOS). I got back into the U.S on August 25th on a visit to attend my cousins wedding and have decided to stay back to file for an AOS.

My question is, would it be possible to file for the AOS considering the fact that i left the U.S and came back again on a visit? ( at least the immigration officers allowed me in)

Also, what is an estimated time frame it might take for me to get at least the EAD and AP to enable me work in the U.S. I would appreciate your responses greatly!

[Krikit 1,163]

Moving to the AOS From Other Visa forum.

[Mononoke28 134]

If you didn't violate any of the rules established for people under TN-1 status, meaning you didn't overstay even after you were laid off, then you can easily file for AOS now that you're here under a different status. Just follow the Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US found in the Guides section here on VJ.

The EAD can take anywhere from 3-6 months and your green card can take 6-12 months.

Diana

[Joshua Ebbi 1]

Moving to the AOS From Other Visa forum.

Thanks Diana! well, i techincally did not overstay. Okay here's the story: I got laid off, 3weeks before my TN-1 Expired and so i used about 2weeks and a few days to gather some of my personal effects . Eventually i left the U.S 3days before my visa expired..

[dutchmatt 1]

I think the problem might be when you re-enter the US with the intent to immigrate without a visa. You would have been OK if you stayed originally, but now that you've left I think you will have to file for a spousal visa.

[dutchmatt 1]

I'd try reposting this in one of the upper forums so you can get some more responses. Try posting it here: IR-1 / CR-1 Spouse Visa Process & Procedures.

Good luck brother

[Joshua Ebbi 1]

Hi All,

I am a Canadian citizen previously on a TN-1 Status since 2007, met the love of my life (who is an American Citizen) in April 2008 and then got married in May 2009. I was laid off work 2 weeks after our marriage and had to return back to Canada (unfortunately without filing an AOS). I got back into the U.S on August 25th on a visit to attend my cousins wedding and have decided to stay back to file for an AOS.

My question is, would it be possible to file for the AOS considering the fact that I left the U.S and came back again on a visit? (At least the immigration officers allowed me in)

Also, what is an estimated time frame it might take for me to get at least the EAD and AP to enable me work in the U.S. I would appreciate your responses greatly!

[Otto 83]

THIS is the Guide you would use (be sure to read the "Be Warned" section).

[Krikit 1,163]

Hi Joshua. You already have a thread going in the AOS From Other Visa forum..... which is the adjustment process you would go through.... not the AOS From Family Based Visa. I'm going to merge this thread with that one.

[Krikit 1,163]

I'd try reposting this in one of the upper forums so you can get some more responses. Try posting it here: IR-1 / CR-1 Spouse Visa Process & Procedures.

Good luck brother

That forum would not be applicable because his question is related to adjusting status from another visa type.... not applying for a spousal visa.

[dutchmatt 1]

I'd try reposting this in one of the upper forums so you can get some more responses. Try posting it here: IR-1 / CR-1 Spouse Visa Process & Procedures.

Good luck brother

That forum would not be applicable because his question is related to adjusting status from another visa type.... not applying for a spousal visa.

I was just throwing it out there. I know it's not the right forum, but he needs some guidance and I was hoping a more experienced member would be able to help him.

[Ellie-and-David 38]

I think the problem might be when you re-enter the US with the intent to immigrate without a visa. You would have been OK if you stayed originally, but now that you've left I think you will have to file for a spousal visa.

Matt is correct. The problem is that when you re-entered the US you did so as a tourist / visitor . As a tourist / visitor, you are not applicable to enter the country with the intention of adjusting status. Had you stayed in the US and filed your AOS you would have been fine. The problem now is proving that you are not using visitor entry with fraudulant intent (IE: with the intent to immigrate) now that you are married to a USC.

Your in a sticky situation and hindsight is a wonderful thing, but leaving to go back to Canada was the worst thing you could have done.

I would suggest reading the links that have been provided and start looking into how to apply for a CR-1.....but you are looking at a long wait to get that visa.

You could apply for the visa and spend time in the US with your wife (at the CPB officers discretion) whilst you wait for the visa to be approved (you would have to go back to Canada for your interview), but you will not be able to work and would have to adhere to the time limits imposed on a visitor. On receipt of your greencard (which you would get once your visa was approved - no need to remove conditions for a couple of years) you would be able to enter and work straight away.

Edited September 10, 2009 by Ellie-and-David

[Krikit 1,163]

Hi All,

I am a canadian citizen previously on a TN-1 Status since 2007, met the love of my life (who is an American Citizen) in April 2008 and then got married in May 2009. I was laid off work 2 weeks afer our marriage and had to retrun back to Canada (unfortunately without filing an AOS). I got back into the U.S on August 25th on a visit to attend my cousins wedding and have decided to stay back to file for an AOS.

Since you came back to attend your cousin's wedding and not with the intent to stay and bypass immigration processes, you should be good to apply for adjustment of status. You will need to have your ties to Canada. Were you working and they expected you to return? Did you fly and have a return ticket? Do you have any other obligations there and needed to return? These are the types of things they are looking for.

It would be good if you could speak with others who have AOS'd this way as they have far more information than someone who has not. (Like me. lol) Do a search in this forum to see what you can find out.

[dutchmatt 1]

Hi All,

I am a canadian citizen previously on a TN-1 Status since 2007, met the love of my life (who is an American Citizen) in April 2008 and then got married in May 2009. I was laid off work 2 weeks afer our marriage and had to retrun back to Canada (unfortunately without filing an AOS). I got back into the U.S on August 25th on a visit to attend my cousins wedding and have decided to stay back to file for an AOS.

Since you came back to attend your cousin's wedding and not with the intent to stay and bypass immigration processes, you should be good to apply for adjustment of status.

I will let everyone who is waiting for a spousal visa to come through that all they had to do is come to the US, go grab a bite to eat and then say, "hey, while I'm why don't I get a green card." The red flags will be flying high!

[Krikit 1,163]

Hi All,

I am a canadian citizen previously on a TN-1 Status since 2007, met the love of my life (who is an American Citizen) in April 2008 and then got married in May 2009. I was laid off work 2 weeks afer our marriage and had to retrun back to Canada (unfortunately without filing an AOS). I got back into the U.S on August 25th on a visit to attend my cousins wedding and have decided to stay back to file for an AOS.

Since you came back to attend your cousin's wedding and not with the intent to stay and bypass immigration processes, you should be good to apply for adjustment of status.

I will let everyone who is waiting for a spousal visa to come through that all they had to do is come to the US, go grab a bite to eat and then say, "hey, while I'm why don't I get a green card." The red flags will be flying high!

Obviously, that is not a good idea.