Already married going to US as visitor to file AOS

[mikey78 6]

And one more thing, check with your school about these in-state tuition rates. Most schools in the US require you to be a resident of the state for a particular period of time before you can be eligible...and that of course is different from becoming a permanent resident of the US...but there might be provisions for new immigrants so check back with your school.

And to all the SELF-RIGHTEOUS people who type faster than they think and can't see that she is not trying to violate any law (she is just unsure), take a breather!

[Harsh_77 716]

Wow that was really helpful. Ok if I file for the CR-1 what are the chances of it going through before I need to start school in August?

If you file a CR1, then it takes approx around 6-7 months.

[Harpa Timsah 13,258]

The biggest problem with AOS, is the consequences of a denied application. There is no appeal system if you adjust your status from a visitor.

This is incorrect, as Sciencenerd explained. People who enter with a valid visa have a right to an appeals process. Canadians get a "valid visa" even if they don't apply for it; it is a special consideration for our best friend neighbor country

People who enter on the Visa Waiver Program (VWP) do not have a right to an appeals process... or rather, they sign away their rights to such an appeal by using the program.

There is a big difference between VWP and valid visas.

[S&B 1]

And one more thing, check with your school about these in-state tuition rates. Most schools in the US require you to be a resident of the state for a particular period of time before you can be eligible...and that of course is different from becoming a permanent resident of the US...but there might be provisions for new immigrants so check back with your school.

And to all the SELF-RIGHTEOUS people who type faster than they think and can't see that she is not trying to violate any law (she is just unsure), take a breather!

I looked into the in-state tuition thing, I don't know if it's like this everywhere, but for Arkansas at least, you qualify as a resident if you've either lived there or in the surrounding states for 6 months or are married to someone who has.

Edited February 3, 2011 by Anysunrise

[Harsh_77 716]

I looked into the in-state tuition thing, I don't know if it's like this everywhere, but for Arkansas at least, you qualify as a resident if you've either lived there or in the surrounding states for 6 months or are married to someone who has.

That varies from state to state - so if that works out in your case then its good.

Just the approach you were taking to enter the country was wrong. Your spouse needs to file for your CR1 if you are already married and then you have to wait and complete the CR1 process and enter the country are a person with intent to immigrate.

[Inky 1,110]

I looked into the in-state tuition thing, I don't know if it's like this everywhere, but for Arkansas at least, you qualify as a resident if you've either lived there or in the surrounding states for 6 months or are married to someone who has.

It is not the same as everywhere, each state has their own rules.

Where I live you have to live in the state for a full year before you can have state tuition fees. You have to provide proof that you have lived for 1 year in the form of Date on government ID.

[Krikit 1,163]

If you file a CR1, then it takes approx around 6-7 months.

I believe CR-1's in Canada are taking a year +.

[trinbajan 0]

When you apply for F-1 student visa (which is non-immigrant visa) you will have an interview at the consulate and during this interview it will eventually come up that you have a US citizen spouse who lives in the US...and that for a consular officer reads as "immigrantion intent" you can't refute.

It still doesn't mean that you automatically are not eligible for F-1 visa but they definitely won't give it to you if they suspect that you will do AOS right after you enter the US. However, if you start consular processing now, meaning your husband will file a petition I-130 in the US and it gets accepted, and you will have that process running alongside your applying for a student visa later on, the consular officer might decide that you are trustworthy enough to complete consular processing and show up for an interview in Montreal. Doing it this way is not unreasonable at all because getting I-130 accepted and then starting and completing consular processing in Canada can easily take up to 1 year (Montreal is backlogged)...but if your school is starting in August there is no way you can make it if you are waiting for your green card (unless you will try to expedite the process, and as it seems, unless someone's life at stake, requests are denied).

I had an immigrant petition I-130 filed by my US citizen parent and already accepted by USCIS (which is a clear sign of immigrant intent) and as I was waiting for the consular processing to kick in, I unexpectedly received an offer from a college in the US to come and do some research with them. So I applied for J-1 and during the interview my consular officer just made sure I want to complete my consular processing in Canada and that I understand what the consequences of violating the law could be. Now, I am not saying that is what your interview will look like, just that it is possible to receive a non-immigrant visa while you have an immigrant petition pending.

I spoke to the international students office at the school I applied to and she said I shouldn't have an issue entering the country on an F-1 from Canada even if I am married to an American because she has other people who have done it. Canadians don't go for consular interviews for their F-1 visas we just show up at the boarder or immigration with the papers and they stamp our passport.

So if I get my husband to file the I-130 now while my application for grad school is still in review and the F-1 hasn't been yet issued and I get accepted to the school and enter on the F-1 and am honest with them and tell them I plan on returning to do my consular interview I wouldn't be entering under false pretenses and shouldn't have a problem. Then I can show the school I am married to a US citizen and get in state tuition while my application is being processed and I won't have to not attend school on time.

I have a phone consultation with a lawyer tomorrow and I'll see what he or she says as well. The first one told me I should enter the country and AOS but I don't think that was very good advice because I don't want to do anything illegal.

[mikey78 6]

I went to have my J1 interview at the consulate in Toronto because I didn't want to leave this matter in the hands of someone random at the border (some of them aren't really prepared to handle more complex issues)...on USCIS website it reads: "Canadian citizens with ineligibilities also have the option of applying for a visa and a waiver at the nearest U.S. consulate if it is more convenient for them." I didn't have any ineligibility but I didn't want to find out something to the contrary at the border from an angry immigration officer

I spoke to the international students office at the school I applied to and she said I shouldn't have an issue entering the country on an F-1 from Canada even if I am married to an American because she has other people who have done it. Canadians don't go for consular interviews for their F-1 visas we just show up at the boarder or immigration with the papers and they stamp our passport.

So if I get my husband to file the I-130 now while my application for grad school is still in review and the F-1 hasn't been yet issued and I get accepted to the school and enter on the F-1 and am honest with them and tell them I plan on returning to do my consular interview I wouldn't be entering under false pretenses and shouldn't have a problem. Then I can show the school I am married to a US citizen and get in state tuition while my application is being processed and I won't have to not attend school on time.

I have a phone consultation with a lawyer tomorrow and I'll see what he or she says as well. The first one told me I should enter the country and AOS but I don't think that was very good advice because I don't want to do anything illegal.

[trinbajan 0]

I went to have my J1 interview at the consulate in Toronto because I didn't want to leave this matter in the hands of someone random at the border (some of them aren't really prepared to handle more complex issues)...on USCIS website it reads: "Canadian citizens with ineligibilities also have the option of applying for a visa and a waiver at the nearest U.S. consulate if it is more convenient for them." I didn't have any ineligibility but I didn't want to find out something to the contrary at the border from an angry immigration officer

I just spoke to another lawyer who told me I should just go down there in May and not apply for the F-1 and file for an adjustment of status when I go down there because my F-1 would most likely be declined. He was a former Canadian who filed for permanent residency in the US.

[Harsh_77 716]

This is just my opinion your school DSO is not giving you a very good advice. Your schools international office is not giving you right advice, and if you get caught in any of the immigration issue they are not responsible for it anyways.

Your school is advising you that you don’t tell consulate your intention of migrating and then enter the country and file for AOS.

Your second post is confusing – what was the second lawyer saying just go in May but on which visa and how? So how do you go in May?

One thing I would advice is don’t go on the historic accounts of ppl immigration regulation and rules change all the time.

(I am assuming 2nd lawyer is advising your to enter on VWP and then file for AOS) whenever he did that it might have been ok, but day by day immigration is closing loop holes.

Just make sure you don’t end up in bad situation coz of your haste to move to US.

[trinbajan 0]

This is just my opinion your school DSO is not giving you a very good advice. Your schools international office is not giving you right advice, and if you get caught in any of the immigration issue they are not responsible for it anyways.

Your school is advising you that you don’t tell consulate your intention of migrating and then enter the country and file for AOS.

Your second post is confusing – what was the second lawyer saying just go in May but on which visa and how? So how do you go in May?

One thing I would advice is don’t go on the historic accounts of ppl immigration regulation and rules change all the time.

(I am assuming 2nd lawyer is advising your to enter on VWP and then file for AOS) whenever he did that it might have been ok, but day by day immigration is closing loop holes.

Just make sure you don’t end up in bad situation coz of your haste to move to US.

I don't need a visa to enter the US. Canadians can just enter and the lawyer said I should just enter the US and file for the AOS, seems kind of sketchy to me but he said it is legal for Canadians. I e-mailed the USCIS e-mail that was specifically for Canadians and I'm hoping they can shed some light on what I should do to be able to attend school in August.

[KemalTuanaYalcin 16]

I don't see how they will issue you a F-1 if you are married to a USC. If you are being truthful on the student visa application, you will probably not be issued an F-1. Your USC husband should have started the process of applying for an approval for a CR1, if you wish to come to the US to live. I am sure the F-1 application ask for your martial status,you need to be truthful regarding this, because if you lie it will come back to haunt you during AOS.

Agreed, it is very risky and not at all recommended that you not fully disclose your intentions, your marital status etc. etc. etc. I understand your intent is to attend school here, however you have married a USC and failing to provide all information on your application for visa to come here for school will only hurt you when filing for the AOS.

[Ryan H 3,790]

Ok if I file for the CR-1 what are the chances of it going through before I need to start school in August?

Nil. Your husband (not you) would file an I-130 for a CR-1 and once it is filed, it's at least a 5 month wait at a USCIS service center (CA or VT). Once approved by the USCIS and processed by NVC, you wait some more before getting an interview at the Consulate in Montreal.

OK so AOS bad idea.

What if we file the I-130 and file for a K-3 visa so I can enter the country while it pends.

Forget the K3. When an I-129F is filed and joined with the I-130, both petitions will be sent to the NVC at the same time. NVC will then administratively close the I-129F.

I don't need a visa to enter the US. Canadians can just enter and the lawyer said I should just enter the US and file for the AOS, seems kind of sketchy to me but he said it is legal for Canadians. I e-mailed the USCIS e-mail that was specifically for Canadians and I'm hoping they can shed some light on what I should do to be able to attend school in August.

I've seen many posts from people about getting bad information from lawyers. I see this as another instance of a lawyer giving bad advice. My opinion is DO NOT enter and then AOS. You yourself said it was sketchy to you, trust your instinct.

[slangofoil 50]

I just spoke to another lawyer who told me I should just go down there in May and not apply for the F-1 and file for an adjustment of status when I go down there because my F-1 would most likely be declined. He was a former Canadian who filed for permanent residency in the US.

You've now spoken to two utterly incompetent lawyers. Run away from both of them as fast as you can. Do not enter the US as a visitor, with the intent of adjusting status. Do the CR-1.