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victorious

Can she adjust status ?

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Filed: AOS (apr) Country: Philippines
Timeline

My friend's wife is a Canadian and I wonder if she can adjust status or how does it work. She visits my friend, her bf and then just decided to get married. They've been married for 2 years now and with a child. She said she didn't have any visa when she gets here in US. So how does it work? What kind of paper work she needs to file?

Edited by victorious

(AOS Sent 12/31/09)

AOS NOA letter received 1/12/10

1/6/10 received date

1/8/10 notice date

Biometrics letter received 1/25/10

01/14/10 notice date

02/04/10 appointment date

(AED Sent 1/19/10)

AED NOA letter received 1/29/10

1/21/10 received date

1/27/10 notice date

Biometrics letter received 2/2/10

1/29/10 notice date

2/17/10 appointment date

(RFE med exam)

RFE letter received 1/25/10

Notice dated 1/22/10

2/08/10 RFE response sent

2/16/10 received date by uscis MO

(Interview)

Appointment letter received 3/17/2010

Notice dated 3/10/2010

Interview date 4/14/2010

Approved GC 4/14/2010

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Filed: AOS (apr) Country: Philippines
Timeline

In addition she didn't leave US and now their seeking to AOS and I-130.

tnx Trailmix.


(AOS Sent 12/31/09)

AOS NOA letter received 1/12/10

1/6/10 received date

1/8/10 notice date

Biometrics letter received 1/25/10

01/14/10 notice date

02/04/10 appointment date

(AED Sent 1/19/10)

AED NOA letter received 1/29/10

1/21/10 received date

1/27/10 notice date

Biometrics letter received 2/2/10

1/29/10 notice date

2/17/10 appointment date

(RFE med exam)

RFE letter received 1/25/10

Notice dated 1/22/10

2/08/10 RFE response sent

2/16/10 received date by uscis MO

(Interview)

Appointment letter received 3/17/2010

Notice dated 3/10/2010

Interview date 4/14/2010

Approved GC 4/14/2010

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Filed: Citizen (apr) Country: Canada
Timeline

She should be able to adjust status - she has to file the I-130 and I-485 (along with AP and EAD if she wants them). Read the guides and they'll walk you through it.


AOS (from tourist w/overstay)

1/26/10 - NOA

5/04/10 - interview appt - approved

ROC

2/06/12 - NOA date

7/31/12 - card production ordered

N-400

2/08/13 - NOA date

3/05/13 - biometrics appt

6/18/13 - interview - passed!

7/18/13 - oath ceremony

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"She said she didn't have any visa when she gets here in US."

It is interesting to me, how can she file Adjustment of Status, if she doesn't have any status to adjust?


02/12/2010 - Sent AOS package to Chicago Lockbox

02/23/2010 - NOA received for I-485, I-130 and I-765 (Day 11)

03/05/2010 - letter of appointment for Biometrics received (Day 22)

03/05/2010 - I-130 touched. (Day 22)

03/18/2010 - Biometrics taken! (Day 35)

03/19/2010 - I-485 and I-765 Touched. (Day 36)

04/08/2010 - Interview letter received (Day 56)

05/05/2010 - Touch on I-485 (Day 83)

05/06/2010 - Touch on I-130 (Day 84)

05/06/2010 - EAD Card production ordered!

05/21/2010 - Interview @ 8.50AM (Day 99)

05/21/2010 - INTERVIEW APPROVED! (Day 99)

05/24/2010 - Touch on I-485 and I-130(Day 102)

05/24/2010 - Card Production Ordered on May 21!! (Day 102)

05/26/2010 - Card Production Ordered AGAIN. Mhm... (Day 104)

05/26/2010 - EAD Received! (Day 104)

05/27/2010 - I-130 Approval notice and Green Card Welcome Letter received (Day 105)

06/18/2010 - Green Card RECEIVED!!!

06/22/2010 - Applied for SSN

06/30/2010 - SSN received!!

06/30/2010 - Applied for DL...

07/24/2010 - DL and ID Received!!!

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Filed: Citizen (apr) Country: Canada
Timeline

"She said she didn't have any visa when she gets here in US."

It is interesting to me, how can she file Adjustment of Status, if she doesn't have any status to adjust?

Canadians are allowed (with a passport) to enter the US for up to 6 months for tourism purposes with no formal visa issuance. It's kind of like a cross between the visa waiver program and a less-official B-2 tourist visa that is issued automatically and transparently by the PoE. Canadians visiting the US as tourists who have married a USC can adjust status, just like anyone on a "real" tourist visa, with all of the same paperwork requirements and associated risks as anyone from anywhere else adjusting from a tourist visa or VWP entry via marriage to a USC. The only difference for a Canadian tourist is that they will not have an I-94. Because Canadian tourists are under a legal classification that is closer to a visa waiver program entrance than a tourist visa entrance, and no actual visa is actually issued, no associated I-94 is issued.

Like adjusting from a tourist visa or VWP entry, adjusting from a Canadian tourist entry is significantly riskier than adjusting from a fiance visa, but it is also quite common. Indeed, friends and family of the Canadian immigrant will often express surprise and disbelief when a Canadian describes the fiance visa process, thinking that the standard process for Canadians is simply to drive down, get married, and adjust status. This belief is very common, and many Canadians act on it and end up marrying in the US without having first obtained a fiance visa, for two main reasons:

A ) The vast majority of Canadians are innocently ignorant of US immigration procedures and it simply doesn't occur to them to research whether there are any special requirements to marry an American. The existence os special requirements would be highly counter-intuitive to them. "After all", they would say, "thousands of Canadians enter the US every day, and the US is a free country. Why wouldn't we be able to get married?" This condition is frequently associated with -

B ) Some Canadians feel a real sense of entitlement regarding entrance to the US. They believe, and feel quite deeply, that free entrance to the US is the birthright of every Canadian (at least those with no criminal record). It doesn't occur to them that there are many circumstances under which the US CBP will simply not admit a Canadian. This feeling is often paired, strangely, with the mild anti-Americanism common to the left-of-center Canadian middle class. The revelation that this is not the case - that the US has fairly tight immigration controls that apply even to Canadians - is often quite a bit of a shock, and can significantly inflame the aforementioned anti-American sentiments. That US immigration controls apply even to Canadians will often be seen as draconian, and even ridiculous to these people.

Edited by HeatDeath

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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Canadians are allowed (with a passport) to enter the US for up to 6 months for tourism purposes with no formal visa issuance. It's kind of like a cross between the visa waiver program and a less-official B-2 tourist visa that is issued automatically and transparently by the PoE. Canadians visiting the US as tourists who have married a USC can adjust status, just like anyone on a "real" tourist visa, with all of the same paperwork requirements and associated risks as anyone from anywhere else adjusting from a tourist visa or VWP entry via marriage to a USC. The only difference for a Canadian tourist is that they will not have an I-94. Because Canadian tourists are under a legal classification that is closer to a visa waiver program entrance than a tourist visa entrance, and no actual visa is actually issued, no associated I-94 is issued.

Like adjusting from a tourist visa or VWP entry, adjusting from a Canadian tourist entry is significantly riskier than adjusting from a fiance visa, but it is also quite common. Indeed, friends and family of the Canadian immigrant will often express surprise and disbelief when a Canadian describes the fiance visa process, thinking that the standard process for Canadians is simply to drive down, get married, and adjust status. This belief is very common, and many Canadians act on it and end up marrying in the US without having first obtained a fiance visa, for two main reasons:

A ) The vast majority of Canadians are innocently ignorant of US immigration procedures and it simply doesn't occur to them to research whether there are any special requirements to marry an American. The existence os special requirements would be highly counter-intuitive to them. "After all", they would say, "thousands of Canadians enter the US every day, and the US is a free country. Why wouldn't we be able to get married?" This condition is frequently associated with -

B ) Some Canadians feel a real sense of entitlement regarding entrance to the US. They believe, and feel quite deeply, that free entrance to the US is the birthright of every Canadian (at least those with no criminal record). It doesn't occur to them that there are many circumstances under which the US CBP will simply not admit a Canadian. This feeling is often paired, strangely, with the mild anti-Americanism common to the left-of-center Canadian middle class. The revelation that this is not the case - that the US has fairly tight immigration controls that apply even to Canadians - is often quite a bit of a shock, and can significantly inflame the aforementioned anti-American sentiments. That US immigration controls apply even to Canadians will often be seen as draconian, and even ridiculous to these people.

That's interesting, didn't know that!

I guess that answers the main question then :)


02/12/2010 - Sent AOS package to Chicago Lockbox

02/23/2010 - NOA received for I-485, I-130 and I-765 (Day 11)

03/05/2010 - letter of appointment for Biometrics received (Day 22)

03/05/2010 - I-130 touched. (Day 22)

03/18/2010 - Biometrics taken! (Day 35)

03/19/2010 - I-485 and I-765 Touched. (Day 36)

04/08/2010 - Interview letter received (Day 56)

05/05/2010 - Touch on I-485 (Day 83)

05/06/2010 - Touch on I-130 (Day 84)

05/06/2010 - EAD Card production ordered!

05/21/2010 - Interview @ 8.50AM (Day 99)

05/21/2010 - INTERVIEW APPROVED! (Day 99)

05/24/2010 - Touch on I-485 and I-130(Day 102)

05/24/2010 - Card Production Ordered on May 21!! (Day 102)

05/26/2010 - Card Production Ordered AGAIN. Mhm... (Day 104)

05/26/2010 - EAD Received! (Day 104)

05/27/2010 - I-130 Approval notice and Green Card Welcome Letter received (Day 105)

06/18/2010 - Green Card RECEIVED!!!

06/22/2010 - Applied for SSN

06/30/2010 - SSN received!!

06/30/2010 - Applied for DL...

07/24/2010 - DL and ID Received!!!

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Filed: Country: Canada
Timeline

Canadians are allowed (with a passport) to enter the US for up to 6 months for tourism purposes with no formal visa issuance.

Just a clarification. The passport requirement is recent. 3 years ago, the PoE only required 2 pieces of I.D..


Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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Filed: Country: Canada
Timeline

A ) The vast majority of Canadians are innocently ignorant of US immigration procedures and it simply doesn't occur to them to research whether there are any special requirements to marry an American. The existence os special requirements would be highly counter-intuitive to them. "After all", they would say, "thousands of Canadians enter the US every day, and the US is a free country. Why wouldn't we be able to get married?"

I can accually confirm this. When my husband and I married, I was unaware of any paperwork needing to be filed. After speaking to friends, I was convinced that all I needed to do was... I don't know lol. I still don't know what I was expecting back then, but this amoung of paperwork was not what I was expecting.

I will say however, that compared to other countries, Canada does seem to have it easier (from what I've heard and read on VJ). It is not a high fraud country and maybe, USCIS takes this into consideration during the AoS process.


Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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