What to do

[KSOLANO 0]

It might, I wouldn't risk it. Plus if they give you a shorter time and you stay longer than that you might end up with some issues being flagged on your file. Its just easier to stay the 180 days or whatever time they give you and then come back.

When I get back, and I have a job again, that means I have ties with Canada again. Would I be able to visit during the process? If I can, do I still bring any documents showing I am in the process and aware them of it?

Edited May 15, 2010 by KSOLANO

[Flames9_RN 358]

One can visit, many of us did with NO problems. BUT its always up to the POE officer! No one can give you a 100% yes answer! If that POE officer is a Pittsburgh Penguins fan, and ur wearing a Mtl Canadians jersey, well, I;m not liking those odds of a successful POE,lol

[Kathryn41 3,205]

It is always a good idea to carry a copy of your immigration file - application, NOAs, etc - when asking to enter as a visitor to the US. Along with having 'ties' to Canada, such as a job, mortgage/lease, etc., the application shows that you are following the correct procedure to get the proper visa and have already invested time and money in doing the process the right way.

When I was travelling to Georgia while waiting for my K-1 visa I was pulled into secondary twice. In each case while going through my folder of 'evidence of ties to Canada', when they got to the K-1 application part, they looked through it quickly then closed the file, handed it back to me and let me continue on my way.

The more evidence you can provide that you are aware of the immigration process, are following the proper procedure, have ties to Canada during the process and do nothing to push the limits of their permission to let you in (ie, don't overstay the time given, don't try to 'fudge' details or hide something relevant - eg. fiance/boyfriend, etc.) the easier it will be for them to continue to allow you to visit during the process. Remember, this is short term pain - even if it stretches out over a year - for long term gain. You are headed to a life together. Don't jeopardize it now by doing something stupid out of impatience.

Edited May 15, 2010 by Kathryn41

[Diost 0]

The important question is did your friend intend to get married when he entered the US on his last visit?

If he did not, and the decision was made while he was still in the US on this visit, then he is allowed to apply to adjust status to become a permanent resident while remaining in the US for the green card processing. His wife would file the I-130 petition and he would file the I-485 application. They would send these in together, along with an I-678 - Employment Authorization Document and the other necessary supporting documents (eg. immigration medical, I-864 Affidavit of Support, criminal checks, etc. ) It is probably not worthwhile for him to apply for an I-131 "Advance Parole Travel document" as he may not be able to use it, depending on how much illegal presence he has accrued in the US (if he is not from Canada he probably has over the 180 day limit). Ideally, he should also not leave the US until he gets approval of his green card or he may be denied re-entry. He and his wife would eventually attend an interview, and upon approval, he would receive his green card.

Is your friend from Canada? If so, he was legally allowed to visit for 6 months which would bring him to February. After that time he started to accrue illegal presence. Currently he has at least 3 months of accrued illegal presence. At 180 days of illegal presence he would incur a 3 year ban if he left the US. If you friend is not Canadian, then his allowed visit in the US would have been for no more than 90 days, so he would now have over 180 days of accrued illegal presence.

If your friend did intend to marry when he entered the US, then he is not allowed to remain in the US and apply to adjust status. To do so would be visa fraud - intentionally using one type of visa for a totally different purpose instead of applying for the proper visa. He would need to apply for the CR-1 visa instead. His wife would initiate that by filing the I-130 petition and when that was approved the processing would move to the foreign US Consulate, where he would then have to provide all of the same requested information, and attend an interview. If your friend is Canadian, then he has not yet accrued enough illegal presence to trigger a 3 year ban and should leave the US before he does in order to complete the processing for the CR-1 visa at the US Consulate in Montreal. If your friend is not Canadian and has more than 180 days of illegal presence, then the problem is that he would trigger the 3 year ban when he left, and they would require a hardship waiver in order to get the CR-1 visa approved.

The process he needs to follow is all determined by what his intent was when he entered the US. Your friends would do well to read over the guides here on VJ as well as the actual I-485 form and instructions, as well as all of the other forms indicated by the Guides and by the USCIS website.

Thank you for your answer Kathryn41, I am the Canadian concerned in this issue brought by Ron. Thanks to him as well for posting the question for me !

I came to USA in August with a tourist visa, and married in January. We have both I-130 and I-485 now ready to send.. I didn't know about I-678 and I-864... I'll get the informations for these on guides here as well.

I really appreciate everyone's help on here, I'll come back as I feel I might have a few more questions that need answers in this process.

[trailmix 77]

Thank you for your answer Kathryn41, I am the Canadian concerned in this issue brought by Ron. Thanks to him as well for posting the question for me !

I came to USA in August with a tourist visa, and married in January. We have both I-130 and I-485 now ready to send.. I didn't know about I-678 and I-864... I'll get the informations for these on guides here as well.

I really appreciate everyone's help on here, I'll come back as I feel I might have a few more questions that need answers in this process.

Hi Diost and welcome to VJ,

It's actually the I-765 (i'm sure that's what Kathryn meant to say), which is the Employment Authorization application - just means if you get this before your greencard arrives you will be authorized to work at that point. It is free to apply for this with your adjustment of status. Not much in this immigration journey is included as a throw in, so may as well apply (you send it all in with your initial package)

Edited May 16, 2010 by trailmix

[Kathryn41 3,205]

Hi Diost and welcome to VJ,

It's actually the I-765 (i'm sure that's what Kathryn meant to say), which is the Employment Authorization application - just means if you get this before your greencard arrives you will be authorized to work at that point. It is free to apply for this with your adjustment of status. Not much in this immigration journey is included as a throw in, so may as well apply (you send it all in with your initial package)

Duh!!! Thanks Trailmix - yes, that is what I meant!