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AOS advised by law office, what to do?

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Filed: Other Country: Pakistan
Timeline

Hello All,

I'm in a bit of a confused mess regarding all this visa processes. I'm a Canadian Permanent Resident in the midst of applying for Caandian Citizenship, and I also hold a 10 year multiple entry visit visa to the U.S. On September 3rd, 2011, I married my U.S citizen fiance in Canadam and we now have a legal marriage certificate issues from Ontario, Canada evidencing our marriage. I am currently residing in Canada, intending to travel to the U.S soon for visiting family (there's a wedding in the family in August), and at a later date for finally moving in with my husband. Lawyers have advised me that instead of filing the I-130 and then the K3 to enter the U.S, which might take several months, it is more advisable to enter on a visit visa for visiting family as I am doing, but not making a separate entry to move in with my husband. Instead, moving in with my husband on the same trip, and applying for I-485 together with the I-130, which would be faster to process. I am utterly confused as to the process, and of course, once I do apply for the I-485, doesnt the fact that I have a canadian marriage certificate dated 3rd September 2012 incriminate me already, in that how can I prove that my intention IS to visit family and not to move in with him, and that I changed my mind later while in the U.S (when I was already married to him at the time of my entry to the U.S)? Not every entry made to the U.S after my marriage automatically means I am entering to move-in with him, correct? I do have an event to attend, which I have proof of.

Also, my in-laws in the U.S have planned a wedding reception for me and my husband taking place before the event in my own family, which is the main reason I am going. Would this complicate matters as well?

Assuming that I do take the I-130/I-485 route, how does the process work? Also, my Canadian citizenship process will be pending during this time, will I be able to re-enter Canada if need be for my citizenship process? How long does it take for the I-485 to process, and when do you file the I-693, before or after the the I485 has been filed? Can someone please help with the legality of this issue? I do not want to do something that is illegal, and be deported. Thank you agai nfor all your help.

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Put simply, it is illegal to enter the US on a tourist visa with intent to immigrate. Plenty of people do it and many are successful in their AOS applications but it is a risk and could result in a lengthy ban.

In addition, you would be unable to leave for at least several months while the I-485 is being adjudicated.

Edited by cathy2904

01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

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Filed: Other Country: Pakistan
Timeline

can i add in also, i will be returning to canada after the event with my in-laws to continue the process for my canadian citizenship, and then re-entering the u.s to attend my cousins wedding later on...

question. do u need to be married in the u.s for an AOS?

do u need to declare at the border that u havea u.s citizen spouse, even if ur going to see family?

do u need to declare at the border whether or not you will be meeting ur hsuband during this trip?

it just seems very very sticky to me. how can u prove that ur NOT going wit hthe intention of remaining behind?!!

Hello All,

I'm in a bit of a confused mess regarding all this visa processes. I'm a Canadian Permanent Resident in the midst of applying for Caandian Citizenship, and I also hold a 10 year multiple entry visit visa to the U.S. On September 3rd, 2011, I married my U.S citizen fiance in Canadam and we now have a legal marriage certificate issues from Ontario, Canada evidencing our marriage. I am currently residing in Canada, intending to travel to the U.S soon for visiting family (there's a wedding in the family in August), and at a later date for finally moving in with my husband. Lawyers have advised me that instead of filing the I-130 and then the K3 to enter the U.S, which might take several months, it is more advisable to enter on a visit visa for visiting family as I am doing, but not making a separate entry to move in with my husband. Instead, moving in with my husband on the same trip, and applying for I-485 together with the I-130, which would be faster to process. I am utterly confused as to the process, and of course, once I do apply for the I-485, doesnt the fact that I have a canadian marriage certificate dated 3rd September 2012 incriminate me already, in that how can I prove that my intention IS to visit family and not to move in with him, and that I changed my mind later while in the U.S (when I was already married to him at the time of my entry to the U.S)? Not every entry made to the U.S after my marriage automatically means I am entering to move-in with him, correct? I do have an event to attend, which I have proof of.

Also, my in-laws in the U.S have planned a wedding reception for me and my husband taking place before the event in my own family, which is the main reason I am going. Would this complicate matters as well?

Assuming that I do take the I-130/I-485 route, how does the process work? Also, my Canadian citizenship process will be pending during this time, will I be able to re-enter Canada if need be for my citizenship process? How long does it take for the I-485 to process, and when do you file the I-693, before or after the the I485 has been filed? Can someone please help with the legality of this issue? I do not want to do something that is illegal, and be deported. Thank you agai nfor all your help.

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Filed: AOS (apr) Country: Canada
Timeline

You would have to prove that you still have strong ties to canada in order to gain entry with a US citizen husband who, presumedly lives in the US currently?

They will assume intent unless you can prove the ties to Canada are strong - ie proof of employment, a current lease, vehicle ownership, bank accounts - that kind of thing. I believe they have a list of items on the USCIS site.

You will likely screw up your Canadian process by leaving the country however. I would suggest filing the right way - this is too sticky and the fact you aren't a Canadian citizen doesn't help...you are in the process there, and now marrying a us citizen and trying to get over to the states...just play it safe.

You do not need to be married in the us to AOS, however.

You do need to answer truthfully at the border any questions that are asked and as you can't be assured what questions they will ask you may put your future immigration in jeopardy.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: AOS (apr) Country: Denmark
Timeline

can i add in also, i will be returning to canada after the event with my in-laws to continue the process for my canadian citizenship, and then re-entering the u.s to attend my cousins wedding later on...

question. do u need to be married in the u.s for an AOS?

do u need to declare at the border that u havea u.s citizen spouse, even if ur going to see family?

do u need to declare at the border whether or not you will be meeting ur hsuband during this trip?

it just seems very very sticky to me. how can u prove that ur NOT going wit hthe intention of remaining behind?!!

Solid ties aren't returning to home country to participate in a wedding. A house/apartment, education and/or job to return to are financial responsibilities that prevents you from leaving your home country, ie. strong ties. Employment letter or something similar. You don't automatically hand it in when entering the US. If questioned or asked, you can demonstrate your intentions of returning to Canada with those documents(and a return ticket, eg.).

You have to be sincere and answer truthfully. If or when asked what's the purpose of your visit, don't say shopping when the answer is visiting husband. Short, precise answers are basically what you need to provide.

CBP officer: What's the purpose of this trip?

You: Visiting family and husband.

You can be married anywhere in the world. As long as it's legal in the eyes of USCIS, and you have proof of it being registered. If the marriage certificate is already in English, then that's accepted. Otherwise it has to be translated like all other documents submitted to USCIS(and the embassy).

Don't fret to much over it though. I know some get denied at the boarder or flagged. I'd however take my chances. It won't affect your chances of getting the visa approved if you're flagged.

Sometimes, people undergo AP when they don't originate from the country where they're interviewing in.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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