Timing

[Aiglard 0]

I got here from canada in july 2009, me and my wife decided to rekindle and we got married on august 27 2009. (we met the first time in 2007, but circumstance made us break up)

We want to file and get everything done so we're legal, however, she went 2 months with no pay due to medical condition, she's back to work, but with having to pay for past due bills, and everything else, we're a bit short.

I read a lot of stuff, but I am not sure how long do I have to apply for an AoS as a canadian citizen who's married an american one.

Feel free to ask more questions, I'll answer as best as I can, and thank you for any help.

[Inky 1,111]

Are you currently in canada or are you in the US still?

[Bobby+Umit 161]

I got here from canada in july 2009, me and my wife decided to rekindle and we got married on august 27 2009. (we met the first time in 2007, but circumstance made us break up)

We want to file and get everything done so we're legal, however, she went 2 months with no pay due to medical condition, she's back to work, but with having to pay for past due bills, and everything else, we're a bit short.

I read a lot of stuff, but I am not sure how long do I have to apply for an AoS as a canadian citizen who's married an american one.

Feel free to ask more questions, I'll answer as best as I can, and thank you for any help.

The 2 month gap should normally not be an issue, as long as she has permanent income coming in now (they look for the year income/tax level) - Now - if being out of work, no income for two months means your annual income is below the poverty level needed, you will need to get a co-sponsor.

You can file for the AOS after you get married, and you should do it before your I-94 expires. Going beyond the I-94 (or the length of stay granted when you came to the US) will open you up to "overstay" issues.

(the overstay clock starts ticking, and it can cause problems with ICE and future travel prior to getting GC)

So if the issue is you do not have the money to AOS - I would recommend you either borrow from friends/bank or perhaps sell some things you do not need.

Preserving your status is key, imho.

[Aiglard 0]

The 2 month gap should normally not be an issue, as long as she has permanent income coming in now (they look for the year income/tax level) - Now - if being out of work, no income for two months means your annual income is below the poverty level needed, you will need to get a co-sponsor.

You can file for the AOS after you get married, and you should do it before your I-94 expires. Going beyond the I-94 (or the length of stay granted when you came to the US) will open you up to "overstay" issues.

(the overstay clock starts ticking, and it can cause problems with ICE and future travel prior to getting GC)

So if the issue is you do not have the money to AOS - I would recommend you either borrow from friends/bank or perhaps sell some things you do not need.

Preserving your status is key, imho.

I am in the US. She more then makes enough with the 2 month hiatus considered to be above he minimum, thats not a worry in itself.

Of note, I was visiting friends this summer when we hooked up, and decided to get married, so I do not have a visa.

Edited December 23, 2009 by Aiglard

[Bobby+Umit 161]

I am in the US. She more then makes enough with the 2 month hiatus considered to be above he minimum, thats not a worry in itself.

Of note, I was visiting friends this summer when we hooked up, and decided to get married, so I do not have a visa.

Your from Canada - so no issues with that - however, I believe your only granted 6 months to "visit" - so January 2010 is your sixth month?

So I guess you are worried about the AOS fee?

[Brother Hesekiel 2,236]

I am in the US. She more then makes enough with the 2 month hiatus considered to be above he minimum, thats not a worry in itself.

Of note, I was visiting friends this summer when we hooked up, and decided to get married, so I do not have a visa.

But I hope you have proof that you entered the country with inspection, and at what date . . .

[Aiglard 0]

But I hope you have proof that you entered the country with inspection, and at what date . . .

I presented my passport, but I did not receive any proof whatsoever of inspection, I was visiting for 6 weeks, on a road trip to visit multiple friends from Everquest, and I so happened to have reconnected from an old flame.

We'll have the fee for the aos and everything, I was just curious to know how long we had to do so, since I've been reading that you don't want to be caught applying while being illegally here.

The thing is, before my trip I read one horror story after the other about how hard it was in post 9-11 to visit, I've been here in 2002, and 2004 but with time going on, I was told it was extremely hard. After reading a lot of bad press, I was a bit paranoid, and expecting full body cavity search at the border, brought along all my paperwork for every possible case, got my dog all her vaccine and rabies shot, and the border guard were bored, and barely spent more then 90 seconds asking me questions... They were very nice, and friendly, a complete 180 from what I was expecting.

So if anything, being ready is always good, but I believe being polite is too, so at this point in time, I still want to follow the law, and make sure I do things the right way.

A friend of mine in a similar situation, got married in 2003, but never filled any paper before 2005, so was in the US for 2 years without doing anything, I figured I'd ask how long I got. Because I did read something along the line of 6 months.

[Inky 1,111]

So your adjusting from a visit based on a marriage? File ASAP. Like yesterday.

If you get denied you can be put into deportation procedings and there is NO appeal against visitor visa to AOS denials.

So you want to get the AOS done asap after your marriage.

* note your not adjusting from family visa. You are adjusting from visitor status. - if someone can maybe move this post to visitor instead of family visa.

Edited December 23, 2009 by Inky

[Bobby+Umit 161]

Your not here "illegal", if you entered with inspection, if you go past the amount of time given to visit, you are mearly "out of status".

I've all ready mentioned what can happen being in that state (out of status) - however, since you have the AOS fee, and your within your allowed amount of time to stay in the US, you should not have any issues filing now.

Once you get the NOA from the AOS, that stops your status - and you will probably get the GC in the following 3-6 months.

Follow the guides above and you should be well on your way.

Good luck!

[edp333 9]

Your from Canada - so no issues with that - however, I believe your only granted 6 months to "visit" - so January 2010 is your sixth month?

So I guess you are worried about the AOS fee?

Shouldn't the OP be worried about an I-130 before or simultaneously with the AOS?

Edited December 23, 2009 by edp333

[Inky 1,111]

Shouldn't the OP be worried about an I-130 before or simultaneously with the AOS?

Yes the OP should be filing the I-130 with the AOS ( at the same time in the same packet !!! )

[Bobby+Umit 161]

Shouldn't the OP be worried about an I-130 before or simultaneously with the AOS?

Yes - when I say AOS, I mean whatever you need to do to make yourself legal in the US. (sort of my generic answer)

That is why I mentioned following the guides above.

I will be more clear in the future.

[trailmix 77]

But I hope you have proof that you entered the country with inspection, and at what date . . .

Canadians are not issued anything 99% of the time - it is a non-issue.

Aiglard - just to clarify, you are permitted to stay for 180 days which, of course, does not always equate to '6 months'.

[msu17 0]

There is no technical "file by" date, since overstays are forgiven. However, if anyone asks and you are out of status you are in trouble and can be deported. What your friends did in 03 can still be done, but it is risky in case you are ever asked to present evidence of your status. You also can't travel out of the US and can't work until you get the AOS paperwork started and receive either the gc or the AP/EAD. Better to go ahead and file now if you have the money and then you have no worries.

[Aiglard 0]

There is no technical "file by" date, since overstays are forgiven. However, if anyone asks and you are out of status you are in trouble and can be deported. What your friends did in 03 can still be done, but it is risky in case you are ever asked to present evidence of your status. You also can't travel out of the US and can't work until you get the AOS paperwork started and receive either the gc or the AP/EAD. Better to go ahead and file now if you have the money and then you have no worries.

I am disabled, so I don't really need the green card to work, my wife is paying out of pocket for my meds, which after a lot of research and visits to numerous different docs, went down from 16004 a months, to 345$ a months. I do need the official seal of approval to get a social security number, so I can get insurance next year when my personal insurance comes up for renewal as my wife's insurance wouldn't take me without a SSN.

I did manage to open a joint account with my wife, and I'm accumulating proof of a bona fida marriage.

BTW, awesome web site here, stumbled on it back in june when I was looking for info on how to travel with my dog accross the border, and I'm happy I still had it in my history

I'll be going with the fees on january 8, so we should be within the 180 days.

I think I need to file an I-485 for me, priced at 930$+80$ and a I-130 at 355$ for 1365$ total.