Adjustment of status based on marriage to an american

[Mimikinsie 0]

Hi,

I'm a 23 years old Canadian girl currently in the US under the visa waiver program. I came here in May to visit for the summer like we did the last 2 years but at the end of the summer my boyfriend proposed to me and we got married in september. I posted on this forum a little while ago to see which visa I should apply for in order to stay with my husband during the immigration process and most people told me that since I was already in the US I should apply for adjustment of status at the same time my husband fills his petition for alien relative. So we started the process, printed the forms, filled I-130, I-485 and G-325A, got our pictures taken and everything, asked our roommate to write an affidavit to confirm that our marriage is bona fide etc. I'm currently doing the medical examination and vaccination record form and I have a visit scheduled with a civil surgeon next week.

Now the reason why I'm writing on this forum is because I'm worried that something will go wrong if I have been in the US for more than the allowed 6 months/year. Before I came to the US this summer I visited a couple times: I was in the US from Jan 1st to 19th (19 days), then from March 15th to 23rd (9 days), then from May 5th to June 11 (36 days) then from June 18 til now (133 days). So when we got married and started the immigration process I had been in the US less than 182 days but now I'm around 197 days and we still havent been able to send the forms. Could that cause any problems when they recieve my application? Could I get deported because of this?

Any advice would be greatly appreciated

Thank you

[Teddy B 17,252]

Hi,

I'm a 23 years old Canadian girl currently in the US under the visa waiver program. I came here in May to visit for the summer like we did the last 2 years but at the end of the summer my boyfriend proposed to me and we got married in september. I posted on this forum a little while ago to see which visa I should apply for in order to stay with my husband during the immigration process and most people told me that since I was already in the US I should apply for adjustment of status at the same time my husband fills his petition for alien relative. So we started the process, printed the forms, filled I-130, I-485 and G-325A, got our pictures taken and everything, asked our roommate to write an affidavit to confirm that our marriage is bona fide etc. I'm currently doing the medical examination and vaccination record form and I have a visit scheduled with a civil surgeon next week.

Now the reason why I'm writing on this forum is because I'm worried that something will go wrong if I have been in the US for more than the allowed 6 months/year. Before I came to the US this summer I visited a couple times: I was in the US from Jan 1st to 19th (19 days), then from March 15th to 23rd (9 days), then from May 5th to June 11 (36 days) then from June 18 til now (133 days). So when we got married and started the immigration process I had been in the US less than 182 days but now I'm around 197 days and we still havent been able to send the forms. Could that cause any problems when they recieve my application? Could I get deported because of this?

Any advice would be greatly appreciated

Thank you

No worries about overstay or being out of status, all overstays are forgiven with marriage to a USC. You'll be fine.

On a side note, as a Canadaian citizen you are not eligible for the VWP program. Canadian citizens are defacto B2 tourists unless another visa was applied for or given to you at time of entry in to the US. Canadian citizens that are in the US as a tourist are also considered to be Duration Of Status because you normally do not receive an I-94, which means you cannot accrue illegal presence until you have been given a mandatory exit date. You can be out of status with an overstay, but not considered to be in an illegal presence situation. Just a little perk that comes with being a Canadian citizen.

Edited October 29, 2013 by Teddy B

[Mimikinsie 0]

Phew, a big weight has been lifted off my shoulders. Thank you so much for your answer and clarifications!

So does that mean that if I wanted I could wait until January 1st to complete my medical exam since our health insurance is only going to start on January 1st 2014?

[Teddy B 17,252]

Phew, a big weight has been lifted off my shoulders. Thank you so much for your answer and clarifications!

So does that mean that if I wanted I could wait until January 1st to complete my medical exam since our health insurance is only going to start on January 1st 2014?

If I remember correctly, I paid the civil surgeon directly for my wife's medical exam. I don't believe it was covered by insurance, but that may have changed. It also may vary by provider. You could contact your health insurance company or the civil surgeon you will be going to and see if this exam is covered by insurance.

[Harpa Timsah 13,258]

CS exam is not covered by insurance.

[Mimikinsie 0]

I believe the office visit isnt covered but everything else is (cost of vaccines, lab work etc.) Here's a useful post I found: http://desiways.wordpress.com/2011/10/14/uscis-medical-exam-and-vaccination-when-applying-for-green-card/

Edited October 29, 2013 by Mimikinsie

[milimelo 4,503]

~Moving to AOS from tourist, work, student visa - OP is not on K1 or K3 (family-based) visa. ~

[Kiwitopia 0]

Yes, I had to pay out of pocket for the 1-693 exam itself, but all of my vaccines were covered by insurance. For this reason, you may want to wait as I had to receive duplicate vaccines (even though I had my vaccination records from Canada that said I'd already had measles/mumps/rubella etc.)...Long story short it would have cost me an arm and a leg to pay for all the vaccines I ended up needing.

Be sure to call around to many doctors as prices ranged for the exam from $75 (which I paid) to $600 JUST for the I-693, that's wasn't vaccines and TB test included.

[devo6786 10]

The medical exam is NOT covered by health insurance (my partner from Canada and I just went through this). However, if you have to get any vaccines, they might be covered. My partner's mom did not believe in them, so she had none.

Our insurance covered them ALL, including blood work. The doctor wrote the shot record. Then she went to the medical exam, with records in hand, paid the small fee (compared to those who have to pay for shots out of pocket) and the packet was sent off.

So, if you know you will need shots, I would wait until after you have insurance to help with THOSE costs.

[inlovesalem 17]

Try your local Hospital immunization clinic, it's A LOT cheaper...was going to go to walgreens and was going to cost 89 each I needed, went to General Hospital and was only 20...