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Filed: Country: Canada
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Posted

Hi i was actually wondering if you can help me out here, i have entered the US as a visitor from Canada to attend a family wedding. But i am already married to my spouse from The US just about a month ago. I am now thinking of staying there with my spouse in US and file for AOS. When i crossed the border they didnt know that i was married or anything, is this going to affect me in any way when applying or for the interview?

I hope someone can help me out please. Thank you.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for**

Filed: AOS (apr) Country: Portugal
Timeline
Posted

Well if you entered the country being inspected, there shouldn't any problem. Now you see whether it is better for you to apply for AOS in the US or in Canada.

AOS from J1

8/9/2010 AOS+EAD mailed

8/20/2010 Acceptance email confirmation received

8/23/2010 NOA received in mail

8/28/2010 Biometrics appointment letter received (scheduled for 9/13/2010)

9/13/2010 Biometrics done

9/27/2010 Interview appointment letter received (scheduled for 11/10/2010)

10/08/2010 EAD approved

10/21/2010 EAD received in the mail

11/10/2010 Interview. (approved!)

12/20/2010 Card received in the mail

8/12/2012 Beginning of the removal conditional status window period

8/21/2012 I-751 packet mailed to the California Center.

8/24/2012 NOA received

9/19/2012 Biometrics appointment

Filed: AOS (apr) Country: Canada
Timeline
Posted

Hi i was actually wondering if you can help me out here, i have entered the US as a visitor from Canada to attend a family wedding. But i am already married to my spouse from The US just about a month ago. I am now thinking of staying there with my spouse in US and file for AOS. When i crossed the border they didnt know that i was married or anything, is this going to affect me in any way when applying or for the interview?

I hope someone can help me out please. Thank you.

Always a possibility of getting denied when you stay after entering as a tourist. The percentages are pretty low but I myself wouldn't risk it. Honestly, this may sound harsh but I hope they start getting more strict with it. In your case, you were already married. Obviously you must have looked into US immigration to be with your spouse and seen that CR-1 is gonna take awhile so instead decided to take the short cut. So you entered and omitted telling the POE that you were visiting your spouse and now your planning on just staying and apply for AOS. You do understand that the people who do that make it that much more difficult for the people who are doing it the correct way? You know how many Canadians have been denied entry to visit their spouse or fiance? Anyways...you probably won't be denied, most seem to get approved.

I'm not sure how comfortable I'd be going into an interview and being asked questions like ....Did you tell the POE officer that you were going to visit your spouse? Why not? Why did you not go back to Canada after your visit? Were you aware that the correct way was to apply from Canada as a CR-1? Were you working in Canada? Did you quit your job before you left? After? What about your residence? Did you have your services cut off before you left or after?

If you did quit your job before entering or moved out of your apartment, shut off your cell phone....then your lying...you deliberately entered the country trying to evade immigration laws. I can understand the feelings behind it. The correct, legal way sucks. I had to be separated from my husband for a year. Alone with 3 kids while he was in the USA. So many other people have had to do it as well, some for even longer. So when I see people taking shortcuts it ticks me off. I start wishing for tougher immigration laws for tourists trying to AOS. I think they all should be sent back to apply from within their own country. Whats really going to happen though is exactly what is already happening.....more Canadians getting hassled at the border and refused entry because of people like you.

K-1 Journey

04/30/2009 - I-129F sent to VSC

03/30/2010 - Interview @ MTL APPROVED!

04/13/2010 - POE @ Pearson International

05/23/2010 - WEDDING

AOS Journey

07/20/2010 - AOS/AP/EAD Sent

07/21/2010 - package received at Chicago

07/28/2010 - check cashed

07/30/2010 - received NOA1 in mail

08/01/2010 - received biometrics letter

08/20/2010 - walk in biometrics completed

08/23/2010 - finally entered into USCIS online -AP's touched on Aug11 and EAD and AOS touched on Aug20 08/30/2010 - AOS/EAD touched

09/09/2010 - AP approved (email notice)

09/13/2010 - Received email that EAD was approved on Sept 10

10/04/2010 - Received interview letter in Mail

11/09/2010 - Interview-APPROVED! 112 days

11/09/2010 - Card Production 11/22/2010 - Green Card received

ROC Journey

08/11/2012 - Eligible to file for ROC10/11/2012 - sent in I-751 (late)10/16/2012 - received NOA 11/20/2012 - biometrics

 
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