crossing the border during AOS???

[max_silver 0]

Hi there,

I was wondering if anybody has crossed the border into Canada for one day and then returned to the US once the VWP duartion has ended. All this is happening whilst i've AOS on a VWP. Would this option be possible or would it raise some issues?

Thanks

Max

[Little_My 464]

If by "whilst on AOS" you mean you have already submitted your AOS paperwork, then yes, it would be an issue unless you have the AP travel document. If you leave the country without the AP - even for one day to Canada - your AOS will be considered abandoned and you would have to re-file and pay all the associated fees again.

If you have your AP, then you are fine to travel while the AOS is pending.

[max_silver 0]

what does AP stand for please?

what if i was in the US for say 89 days went to canada for 2 days and then when i returned to the US, would i be able to stay for another 90?

[Inky 1,111]

I don't think your understanding the issue.

If you leave during AOS and do not have the travel document or green card then your AOS will be denied and you will have to leave the USA.

You must stay in the USA until you have your travel card or your green card.

[max_silver 0]

ok thanks, im just as many questions as possible to get enough info for myself. i appreciate the input though.

[Little_My 464]

AP stands for Advance Parole, it is a document that allows people to travel internationally while their AOS is pending. Without it you cannot leave the US.

Now, if you are worried about your 90 VWP days running out, that will not be an issue if you have filed for AOS. Once your AOS paperwork is received by USCIS, you enter a new period of authorized stay that continues until you have a decision on your greencard. All you need to worry about is getting your AOS paperwork mailed to USCIS early enough before that 90 days runs out, so that they will have time to acknowledge receiving it and send you the NOA.

[max_silver 0]

just messaged you little_my

[Harpa Timsah 13,258]

Max, from your other thread I know that you are not in the US at present. You do understand that is is illegal to use the VWP to enter the US with the intent to immigrate, correct?

[max_silver 0]

hi harpa, i am aware of this but i know of a few people who have done what i want to do and have succeded.

I just want to have as many options as possible to decide what would be the best option.

what would you suggest?

Thanks,

Max

tried sending you a msg but says you cant receive

[Little_My 464]

Many do what you suggest to do and succeed. However, if you file for AOS from VWP and you are denied, you cannot appeal. If you are found guilty of material misrepresentation, you could be looking at a life time ban to the US. So the stakes are fairly high. And what you are suggesting is visa fraud, whether or not you'd "get away with it". You are not currently in the US, you plan to come here on a non-immigrant visa, marry a US citizen and file for AOS. It is fraud - even if you didn't get caught. No one here is gonna tell you that it's OK to do that, because it is not. Whether or not you choose to anyway, and take the risk of facing some very serious and long lasting consequences, is ultimately your choice.

Personally, I would take the CR-1 route. It is cheaper and less hassle than K-1. Come here, marry your GF, file the I-130, and then leave before your 90 days are up. You go back home and wait out the process there. Once you get the CR-1 visa, you can return and you'll immediately become a legal permanent resident. No AOS, no more fees, no periods when you cannot work.

My situation was totally different, as I was here on an F1 student visa and adjusted from that. I understand that having to be apart is not ideal for anyone - I have had to do long distance as well, and know how hard that can be. However, it is well worth the wait if that means being able to be with your loved one for the rest of your life. I would not be comfortable taking the risk of attempting AOS from VWP with the possibility of a very long, or even life time ban. And, again - it is fraud. No way around that.

[max_silver 0]

that's the kind of response ive been looking for so thank you.

i will do the cr-1 route but ive just been going through what credentials are needed for that it seems like you need to prove about joint finances and living together. is that the case then? we havent lived with each other and have no joint finances.

do you know of anyone that has gone through the cr-1 route and come up with the same?

thanks again,

Max

[Harpa Timsah 13,258]

You have to prove a bona fide relationship, which is not proven by submitting a single piece if evidence, but is rather an overall picture of your relationship that satisfies the Officer that you are not circumventing immigration law. A joint account is not a requirement. Look at the instructions for the I-130 instructions for types of proof suggested.

[max_silver 0]

yeah thats not a probelm to prove its bona fide. thanks again mate

[max_silver 0]

1 last point on this,

my fiance and i met on a cruise ship as shes a dancer, if for any reason she wanted to go back onto a ship to do another contract whilst the paperwork was being processed, would she be able to do so or does she need to remain on land untill its gone through?

[JimVaPhuong 4,863]

that's the kind of response ive been looking for so thank you.

i will do the cr-1 route but ive just been going through what credentials are needed for that it seems like you need to prove about joint finances and living together. is that the case then? we havent lived with each other and have no joint finances.

do you know of anyone that has gone through the cr-1 route and come up with the same?

thanks again,

Max

Yes, you will need to prove that you have a bona fide marital relationship. They don't expect you to have what isn't reasonable to obtain. For example, they don't expect you to have joint bank accounts if you're living in different countries. FWIW, you have to submit the same evidence if you decided to stay in the US and adjust status.

1 last point on this,

my fiance and i met on a cruise ship as shes a dancer, if for any reason she wanted to go back onto a ship to do another contract whilst the paperwork was being processed, would she be able to do so or does she need to remain on land untill its gone through?

As long as she's got a mailing address where they can send the notices, and as long as she responds to the requests from the NVC, then it shouldn't be a problem. She is required to be "domiciled" in the United States for the affidavit of support, so she shouldn't give up her house or apartment while she's gone.