AOS in US without visa...

[mccbsimon 5]

i am in need of answers ! i met my NOW wife online via World of Warcraft. Traveled to the US and crossed with a car with some family, DID NOT get a visa or anything. Flew to see my wife in Kansas. we got engaged, and then drove all the way to the montana/saskatchewan border. we tryed to cross and the border patrol denied her entry. so, we turned around and had to go BACK through US customs. She got through without hesitation obviously and i had trouble...but they gave me an I-94. and a return date of 2 weeks. at the time, i knew nothing about immigration and the process. my NOW wife and i got married while i was on my touring 2 week visa. i then RETURNED to Canada like i was supposed to on the day the i-94 required me to. 3 weeks later i crossed the border AGAIN with my family. told the POE officers we were going gambling and shopping and visiting. they AGAIN did NOT issue me a visa or anything. i then flew BACK to my wife and have been here since march 5th/2011. clearly as a Canadian citizen, we are allowed to be in the US for 6 months without a visa etc. well, ive slightly overstayed. WHILE HERE, my wife petitioned for me (i-130) and like a dummy, i didnt send the i-485 with it. soooo we had to wait an almost year for approval. it was approved YAY US, and so almost 4 months later with all required documents and money i sent my AOS package away and recieved my letters of acceptance. this is ALL great yata yata.. but my question now is, because i OVER STAYED my 6 month grace period, and am now here "illegally", will i be denied? you must also know that i have been to Wichita at several info pass meetings with tthe immigration officers to ask questions. and i STRAIGHT out told them my situation and they didnt care i was here overstayed..i even asked shouldnt you be arresting me lol and they said maybe but its a grey area and if we did, wed have to arrest EVERYONE thats overstayed...anyways, CLEARLY USCIS knows im here and now has my forms..any thoughts as to what will happen? will i be denied... VERY curious...someone say something please lol....

[Hypnos 6,576]

As soon as you filed an I-485 you entered a new period of authorised stay that remains in effect until a final decision is made on that application.

Any overstay is forgiven for an immediate relative of a USC (spouse of; child under the age of 21 of; parent of).

I doubt you will have any issues, unless there is something of material import that you have not posted regarding your circumstances.

Edited July 17, 2012 by Hypnos

[mccbsimon 5]

As soon as you filed an I-485 you entered a new period of authorised stay that remains in effect until a final decision is made on that application.

Any overstay is forgiven for an immediate relative of a USC (spouse of; child under the age of 21 of; parent of).

I doubt you will have any issues, unless there is something of material import that you have not posted regarding your circumstances.

what do you mean "material import" like, something i brought over with me?

[Hypnos 6,576]

No I meant a fact that you had not disclosed which was relevant, like you had lied to an IO at the border or had a previous arrest for armed robbery (for example).

I'm not saying you do, I'm just using these as examples of issues which could affect a possible application.

[mccbsimon 5]

another question i have is, will we be having to go for an interview? if so, i havent been able to get my name on my wifes bank account until i am a perm. res. and we DID live in an apt. together for a few months... but we got pregnent and she couldnt work any longer so we moved in with her grandparents. so we dont have any CURRENT lease agreements. shes NOT working as shes a stay home mom with our new ( 5month) old girl! and clearly im waiting on my i-765 approval..so theres that. we had bought a washer/dryer set which was under our names. we dont even have a car anylonger since the tranny went in it...soo we have 4 months of a lease agreement in both our names. and a washer and dryer set in both our names and a new born daughter together AND A ####### LOAD of pictures..i mean thousands literally.. my wife loves taking pics of everything. we can also get letters written out from the people that were at our wedding saying its lagit and her grandparents will do the same. will those few things be enough evidence if we do have to have an interview??

[mccbsimon 5]

No I meant a fact that you had not disclosed which was relevant, like you had lied to an IO at the border or had a previous arrest for armed robbery (for example).

I'm not saying you do, I'm just using these as examples of issues which could affect a possible application.

i do not have a criminal record of any sort. they POE from canada to the us is very strict. i wouldnt have been able to even get a passport if i had a criminal record..which by the way i got my Canadian passport for the first time 1 month before coming to the US for the first time. so NO i def. didnt lie to the officers. i didnt tell them i was coming to live here, but i really wasnt sure what was going to happen.

i do not have a criminal record of any sort. they POE from canada to the us is very strict. i wouldnt have been able to even get a passport if i had a criminal record..which by the way i got my Canadian passport for the first time 1 month before coming to the US for the first time. so NO i def. didnt lie to the officers. i didnt tell them i was coming to live here, but i really wasnt sure what was going to happen.

again, when i crossed...i was with my dad and mom. dad told them we were going gambling and shopping. they never asked me or my mom any questions at all.

[Hypnos 6,576]

You will have an interview.

You will probably be ok with the documents you can already provide. Just make sure you are the beneficiaries of each other's life insurance; are listed as each other's emergency contact numbers; etc. and you should be fine. Genuine relationships and marriages produce these documents naturally (joint bills; birth certificates of children born to the marriage; joint bank account information; etc.) and the IO will know that a shorter relationship, while no less valid than a longer one, might not have as many documents to show from day 1.

[mccbsimon 5]

You will have an interview.

You will probably be ok with the documents you can already provide. Just make sure you are the beneficiaries of each other's life insurance; are listed as each other's emergency contact numbers; etc. and you should be fine. Genuine relationships and marriages produce these documents naturally (joint bills; birth certificates of children born to the marriage; joint bank account information; etc.) and the IO will know that a shorter relationship, while no less valid than a longer one, might not have as many documents to show from day 1.

we dont have life insurance and what i told you we have together is ALL. just our daughter, the old lease agreement, pictures and letters from friends and family. thats all.

[mccbsimon 5]

You will have an interview.

You will probably be ok with the documents you can already provide. Just make sure you are the beneficiaries of each other's life insurance; are listed as each other's emergency contact numbers; etc. and you should be fine. Genuine relationships and marriages produce these documents naturally (joint bills; birth certificates of children born to the marriage; joint bank account information; etc.) and the IO will know that a shorter relationship, while no less valid than a longer one, might not have as many documents to show from day 1.

on the USCIS website, under my case status....my receipt number for i-485 shows up with 5 steps. and TESTING and INTERVIEW is NOT one of them. so does that mean i wont have an interview?

Your Current Case Status for Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Enter your receipt number

Your Case Status:

Acceptance

Acceptance

Initial Review

Decision

Post Decision Activity

Card/ Document Production

Acceptance

On July 11, 2012, your fingerprint fee was accepted and we have mailed you a notice describing how we will process your case. Please follow any instructions on this notice. Your case is being processed at our NATIONAL BENEFITS CENTER location. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

[Ontarkie 13,917]

Moved to Adjustment of Status from Work, Student, & Tourist Visas, since this is what you are doing, you will get much more information to help you.

[Hypnos 6,576]

You will have an interview; they are mandatory for people adjusting from nonimmigrant visas.

[mccbsimon 5]

You will have an interview; they are mandatory for people adjusting from nonimmigrant visas.

again, i dont have a visa...

[mccbsimon 5]

although, i guess i do now because i filed the i-485 as a spouse of a us citizen. and there is no visa limit for this class. so i do have a visa then? just not in my hand/passport so to speak

[mccbsimon 5]

Moved to Adjustment of Status from Work, Student, & Tourist Visas, since this is what you are doing, you will get much more information to help you.

no offence but im very confused at this post. what are you talking about , sorry?

[ceadsearc 515]

Your post was moved to a forum for people who are adjusting from tourist visas or "other" visas. You are Canadian so you didn't have an actual visa but your case is the same as someone who had a B-2 tourist visa.

You will have an interview, even if it doesn't show up on the site. Only those who entered on a K visa (sometimes) don't have an AOS interview. It is mandatory for everyone else.