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A visit then AOS?

By CANtoUSlove in Working & Traveling During US Immigration

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CANtoUSlove Explorer

CANtoUSlove   3

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Just curious about something... Perhaps someone could shed a little insight.

My husband's from Canada.

We filed our I-130 in September, and are still waiting on our NOA2.

I'd like honest opinions on this matter :)

Would it be a good idea for him to come here as an extended visitor until we receieve our NOA2? At that point, could we apply for an AOS?

Or would it be smarter to just wait it out?

We're both just so impatient, and ready for him to be here... Just trying to weigh the options.

Any advice would be great! :)

Thanks everyone!

2005- Met through mutual friends

2009- Started our relationship

July 4, 2011- Engaged!

August 1, 2011- We're Married!!!

USCIS:

September 16, 2011 - I-130, Fedex to USCIS

September 26, 2011 - NOA1 ( Received )

March 16, 2012 - NOA 2

NVC:

April 12, 2012- Sent NVCResarch copy of reciept for inquiry

April 18, 2012- Called Congressman to ask for assistance

April 20, 2012- NVC Received petition

May 1, 2012- NVC Case number assigned

May 2, 2012- DS 3032 and AOS invoice recieved

May 3, 2012- Paid AOS bill, submitted DS- 261

May 4, 2012- Submitted AOS

May 11, 2012- Recieved IV invoice, Paid IV bill

May 14, 2012- IV bill payment received by NVC, Filled out DS-260 and submitted

May 15, 2012- IV packet emailed to NVC

May 21, 2012- Case complete!!!!!!

June 13, 2012- Medical appointment

July 9, 2012- Interview Date --- APPROVED!

July 13, 2012- POE

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Entering on a non-immigrant visa with the intent to immigrate is visa fraud.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Just curious about something... Perhaps someone could shed a little insight.

My husband's from Canada.

We filed our I-130 in September, and are still waiting on our NOA2.

I'd like honest opinions on this matter :)

Would it be a good idea for him to come here as an extended visitor until we receieve our NOA2? At that point, could we apply for an AOS?

Or would it be smarter to just wait it out?

We're both just so impatient, and ready for him to be here... Just trying to weigh the options.

Any advice would be great! :)

Thanks everyone!

Very bad idea to commit immigration fraud. Thats a ban from the USA for life.

He can come visit but then he goes home and you guys finish the process you already started which is the legal way.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Like the previous poster said. It's fraud to come to the US with the intent to immigrate then adjust status to circumvent the laws.

What isn't fraud: coming to the US with an I-130 in process to visit. Canadians can visit for six months with out any kind of visa

You already have the ball rolling, don't let it roll off the cliff by not letting it roll on the right path.

You've only been waiting since September.

I've been waiting since June.

No matter how long the wait, we'll all forget how hard it was once our spouses are with us.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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CANtoUSlove Explorer

CANtoUSlove   3

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

Thanks so much guys!

Looks like we'll just wait it out. :)

2005- Met through mutual friends

2009- Started our relationship

July 4, 2011- Engaged!

August 1, 2011- We're Married!!!

USCIS:

September 16, 2011 - I-130, Fedex to USCIS

September 26, 2011 - NOA1 ( Received )

March 16, 2012 - NOA 2

NVC:

April 12, 2012- Sent NVCResarch copy of reciept for inquiry

April 18, 2012- Called Congressman to ask for assistance

April 20, 2012- NVC Received petition

May 1, 2012- NVC Case number assigned

May 2, 2012- DS 3032 and AOS invoice recieved

May 3, 2012- Paid AOS bill, submitted DS- 261

May 4, 2012- Submitted AOS

May 11, 2012- Recieved IV invoice, Paid IV bill

May 14, 2012- IV bill payment received by NVC, Filled out DS-260 and submitted

May 15, 2012- IV packet emailed to NVC

May 21, 2012- Case complete!!!!!!

June 13, 2012- Medical appointment

July 9, 2012- Interview Date --- APPROVED!

July 13, 2012- POE

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ceadsearc Proficient

ceadsearc   515

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

Good advice above. Your spouse can continue to visit as a visitor as long as he doesn't overstay. This is, of course, at the discretion of CBP so he should bring strong evidence of ties to his home country when traveling.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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SF2007 Rising Star

SF2007   48

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Staying in the U.S. and adjusting status would be immigration fraud. However, your husband can visit you temporarily while the process is ongoing.

If he does, he has to be prepared to prove strong ties to Canada at customs: lease or rental agreement, property, letter from employer saying he's expected back by X, return ticket, documentation to prove you're already doing the right immigration process, etc. Anything that's over a normal vacation length would look suspicious and might potentially trigger some in-dept questioning by customs agents. If he does get denied at the border, he will be offered to withdraw his application for admission, which will not hurt your case as long as he answered all questions truthfully.

We all know too well on this forum how long of a wait it is. Hang on, it'll be over soon :)

US citizen since April 2016

ROC completed April 2014

AOS from K1 completed February 2012

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Rebecca Jo Experienced

Rebecca Jo   1,962

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

I think the OP has asked their question in the wrong forum and consequently has gotten wrong answers. The profile of the OP indicates they have filed for what will eventually be a CR1 visa.

OP, if you are asking if your husband can visit you during the process and return to Canada for final visa processing, the answer is yes. If he can get past Border Patrol as the husband of a US citizen, which that in itself is doubtful.

Our journey together on this earth has come to an end.

I will see you one day again, my love.

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sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

She asked in the right place, in the Canadian forum.

A Canadian citizen can visit the US while a CR-1 is in process. My husband has done it many times. They have to show proof they will return to Canada and not stay to circumvent the laws. In fact, Canadians can stay up to 180 days as a visitor on VWP.

It is very few and far between a Canadian Citizen is turned away from visiting the US while they have an immigrant visa in process. Those that do, show up to customs totally unprepared.

She specifically asked "Can my husband stay and then AOS?"

The simple answer is no. If he stays after they have filed the I-130 and tries to adjust status, it's fraud.

She was advised to continue to wait out the CR-1 process.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

ooops sorry, in the working/traveling forum.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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