Consular processing: switch to AOS?

[TeamGalvez 0]

I am a Canadian. My husband is in the military and currently deployed. We submitted our I-130 in March and we are still in Initial Review. We have also applied to expedite our paperwork on those grounds and have yet to hear an answer.

When we originally applied for our I-130 before he deployed, we decided Consular Processing was our best option as I would be living in Canada while he was overseas. He will be back next month, however, and we would like to consider changing our application to Adjustment of Status so I can live with him.

My question is, if we keep it as consular processing, will I be able to go back and forth between the States and Canada, or will I be stuck in Canada at some point while they process the paperwork? How long would it approximately take after the interview to receive a packet if we're approved?

Would it really complicate and lengthen the process if we were to switch it to Adjustment of Status? We are having our reception in Canada at the end of August and I want to make sure I can come back for that as well as return to Canada to work every couple of months.

Thanks for any help!

[Penguin_ie 5,994]

You are not allowed to use your travel priviledges as a Canadian to enter the USA with the itnent of staying and doing AOS, that is visa fraud.

You CAN visit the USA during the processing of the CR-1.

[TeamGalvez 0]

I'm sorry, of course, we have no intention of actually living together until we are authorized to do so. I should have definitely clarified. Friends of mine that are going through the process have told me they've had to stay in the US while their paperwork is processed and were not allowed to leave. I was under the impression that while an Adjustment of Status was being processed, the beneficiary is to remain with the petitioner. I was confused and thought that while the application was being processed at a Consulate, maybe the beneficiary would have to remain in their respective country. I meant that I would like to "stay" with him if those were the requirements and was looking into switching to AOS for that reason. I now understand that I was wrong! I currently work and live in Canada and will continue to do so until (IF) I am legally authorized to do so in the States.

We've been informed of the K3 Visa now. I was under the impression that it was no longer available, but it is! If we can get approved for that then I will not have to look into switching our means of processing.

Thank you for your clarification!

Edited June 9, 2014 by TeamGalvez

[ricnally 258]

Canada does not have direct consular processing.