Could I go to the States and apply for AOS?

[NinaD 6]

Okay, so after reading about another Canadian who is in the USA and wants to marry and then file her I-130 and I-485 concurrently I started to wonder about my situation too.

Has anyone here ever switched from Consular to processing within the USA. I read someplace that when the NVC send you your forms you can inform them that you want to go through processing in the USA and that the NVC forwards your application to a service center. You then deal with the office closest to where you are living in the USA.

I am married to a U.S. citizen who has filed the I-130 for me, and have returned to Canada to wait for consular processing.

I originally thought we would file the I-130 and I-485 concurrently, but then I got scared that Immigration wouldn't like that because I have heard that it is hard to prove that you didn't enter the country in order to marry and stay permanently. Canadian citizens who visit enter the USA on a B-2 visa which is good for 6mo. We do not enter on the I-94 form. The instructions on the AOS (I-485) form asks: Give your name exactly as it appears on your Form I-94, Arrival-Departure Record. But I wouldn't have that info since I would be entering on a B-2 visa and I also would not have a non-immigrant visa number.

Basically my question is this:

Once my I-130 is approved (God willing) can I go back to the USA as a visitor and apply for AOS with the I-485. It says in the instructions that you can apply for AOS if you are the spouse of an American citizen even if you entered on a visa waiver visa (ie. B-2 from Canada).

Also, would I just write in "B-2 visitor visa from Canada" with the date of entry on the line where it asks for I-94 information or ???

I am nervous about this, cause I don't want to be accused of immigration fraud. But if the I-130 is already approved, the USCIS says I can apply for AOS - it is so confusing.

Any help or info would be great. Thanks in advance.

[NinaD 6]

Oh, and I just found this on the DOS website:

----------------------------

Q: I Am in the United States and Would Like to Adjust My Status. How Do I Do That?

A: When a visa is available for your petition (or if the Department of State believes that one will be available in the next several months), the NVC will send you a letter asking what you plan to do. If you respond that you plan to adjust your status, the NVC will hold your file until a USCIS office requests it. If you do not reply, after 30 days, the NVC will begin processing your petition.

Requests for adjustment of status are processed by USCIS not by the NVC. You should contact the USCIS office nearest you for adjustment of status information.

Q:

I Am Adjusting My Status with USCIS, What Do I Do About the Fees Requested by the NVC?

A:

If you are planing to adjust status with USCIS, do not submit any fee payments to the NVC. Notify the NVC of your intent to adjust status and contact the USCIS for further information.

[Penguin_ie 6,002]

Planning to do this is visa fraud. The big difference is intent- if you go visit your husband, then something major happens (say he gets really really sick), and you decide you just cannot return to Canada to wait for the visa, you could adjust.

[NinaD 6]

Yeah, see, this is what I thought. It is so scary that I don't dare do it! Other people have said it is okay, but I was under the understanding that the AOS form wasn't for visitors at all...that you had to already be in the States on some other visa (ie. work, school etc..). I think I will just wait it out in Canada...others can try to do this...but not me!

The instructions SAY you can do this, so I think people might think it is okay, but I am sure it isn't.