AOS from B2 visa (Canadian in US)

[David&Femke 91]

6 minutes ago, zilchfox said:

CR1 would take a year to process, and then they'd be physically apart for pretty much that length in time, too, something I do not wish for any married couple.

yes that is true.

[skimmilk 32]

4 hours ago, zilchfox said:

CR1 would take a year to process, and then they'd be physically apart for pretty much that length in time, too, something I do not wish for any married couple.

Yes that's the thing. We'd rather not spend any more time apart.

[Boiler 43,741]

Adjust away!

[caliliving 606]

lol do not leave the country.. stay and AOS you will be fine! and trust me, they wont even bring it up at the interview that you were in secondary or any intent upon entry..USCIS can not deny you because of that!  you were LEGALLY entered into the country.. that is all they care about! just do not leave until that greencard is in your hand.

 

frowned upon? mostly by people on this board.. honestly, i know tons of canadians that did the same thing and people from europe too.. generally, you will get more AOS overstays to greencards from countries where it is much easier to get a tourist visa from lol majority of the people on this board did a k1 because they couldnt get a tourist visa.

 

also, i have never heard of a canadian getting a stokes interivew.. canadians are very low for 'visa fraud' therefore, the interview will be 3 questions.  at the interview all they care about is that you are in a REAL MARRIAGE.  they dont care how you entered ect bc that does not matter anymore.  

 

before i applied i also stressed out after reading this board haha it can make you go crazy at times!

[caliliving 606]

22 hours ago, skim00 said:

Hello, all. I'm looking for some general feedback about my situation.

 

I'm a Canadian citizen (27 year old woman) who came to the US in 2013 on a F-1 visa to go to grad school in California. I graduated 2015, then changed to OPT.

 

It was right around graduation that my boyfriend (a US citizen) and I became romantically involved. I had been single for a long time and am actually his first real girlfriend. He is 33 years old. We moved in together December 2015. For most of 2016, I was trying to find work in my field (as stipulated by OPT). However, I was unsuccessful and did not obtain a work visa to which I could adjust my status. As a result, I had to go back to Canada in November 2016.

 

While I was in Canada, my boyfriend and I continued our relationship. Finally, in March 2017, we decided it was time for me to come back. At the time, he had not yet met my family and we also decided it was time for him to meet them. I met his family when we first started dating.

 

So I flew back to California and was granted a B2 visa at the airport. I was told to go to the secondary inspection area because obviously, they knew I had previously held F-1 status and I hadn't been out of the US for THAT long. The officer asked me what my intent was for this trip and I stated it was to visit my boyfriend. He stressed that I am NOT allowed to find work (I knew this already), asked how much cash I had on me (I found this weird; I'd never been asked that before), stamped my passport (with a B2 visa expiring September 2017) and sent me on my way.

 

A couple weeks after I got back, we flew to the East Coast to meet my family. They were able to drive down from Ontario and we had a nice few days together. My boyfriend's parents also came. It was during this time that my parents told me that if/when my boyfriend and I want to get married, they fully support it.

 

Now up until this point, my boyfriend and I hadn't planned for marriage to happen yet. My friend's getting married back home in October and we thought it'd be better if we just didn't tie the knot so we could travel together back and forth. However, my parents expressing their support (they're traditional Asian parents; my boyfriend's parents are conservative Christians) changed things a little for us. Obviously, HIS parents have wanted us to get married too. So after this little get-together, my boyfriend and I have decided to go through with it.

 

He officially proposed a week ago (we don't have rings yet) and we've already spoken to a lawyer through a legal service to ask about the green card application process (the lawyer is not OUR lawyer, but it's the best we could do right now). Now, after doing some research, I found out that getting married on a B2 visa and then applying for AOS is frowned upon. But the lawyer said it's not that big of a deal and it'd be better if we got the process started sooner. I'm just wondering if y'all could shed more light on this.

 

From what I've read online so far, it seems the crux of the issue is intent. As I said, our intent when I came back to the US a month ago was NOT for us to get married. We were both prepared for me to go back to Canada and for him to visit during my friend's wedding, but our family meet-up changed things. We love each other and the long-distance was tough. I was prepared to do it again though because of the legalities.

 

Anyway, apologies for the wall of text. Just looking at all the paperwork was overwhelming. I can't imagine how it's gonna be when we get called for our interview. Much love!

its funny you said this because it is so true.  it is frowned upon on this board, but every lawyer out there will tell you to stay and AOS.  and they are right, it is not that big of a deal as it is a nonissue:) 

IMO people on this board make it a way bigger deal then it should be! 

[ljroul 14]

On 4/29/2017 at 7:54 PM, caliliving said:

its funny you said this because it is so true.  it is frowned upon on this board, but every lawyer out there will tell you to stay and AOS.  and they are right, it is not that big of a deal as it is a nonissue:) 

IMO people on this board make it a way bigger deal then it should be! 

Couldn't agree more. My husband is a Canadian citizen and we are adjusting from a B2 - though we were already married at the time he entered (got married in Canada) and we were just planning to go on vacation together but after talking with our lawyer she said that he shouldn't leave and we should adjust so that's what we did. I would also second what others have said that you shouldn't spend money on a lawyer, it's not worth it for a simple AOS case, I definitely regret it. 

[NikLR 13,220]

On 4/29/2017 at 7:54 PM, caliliving said:

its funny you said this because it is so true.  it is frowned upon on this board, but every lawyer out there will tell you to stay and AOS.  and they are right, it is not that big of a deal as it is a nonissue:) 

IMO people on this board make it a way bigger deal then it should be! 

Lawyers will advise people to lie to cbp.  Personally i dont trust someone that says its okay to lie to US government officials. 

[Boiler 43,741]

Nobody needs to lie and nobody is suggesting lying.

[skimmilk 32]

On 5/4/2017 at 7:18 AM, Boiler said:

Nobody needs to lie and nobody is suggesting lying.

 

Yes, exactly.

 

Anyway, I know this thread is already a little old now but I did have one more question that just came up.  My boyfriend has a DUI from several years ago (about 6 or 7).  He completed his court-ordered community service hours just last year.  I was just wondering if this affects our application in any way.  I don't think any of the forms we have to file even ask the US citizen if they have a criminal record of some kind.  The forms seem to only ask those questions to me, the non-US citizen.  Will we have to disclose this in the interview perhaps and if so, what kind of documentation should we bring just in case it does?  Thanks a ton, VJ.

[caliliving 606]

34 minutes ago, skim00 said:

 

Yes, exactly.

 

Anyway, I know this thread is already a little old now but I did have one more question that just came up.  My boyfriend has a DUI from several years ago (about 6 or 7).  He completed his court-ordered community service hours just last year.  I was just wondering if this affects our application in any way.  I don't think any of the forms we have to file even ask the US citizen if they have a criminal record of some kind.  The forms seem to only ask those questions to me, the non-US citizen.  Will we have to disclose this in the interview perhaps and if so, what kind of documentation should we bring just in case it does?  Thanks a ton, VJ.

oh if he's a USC no it won't be asked...they only care about any violent acts towards women...obly if the USC has any previous spousal abuse ! So you should be good to go:)

[skimmilk 32]

1 hour ago, caliliving said:

oh if he's a USC no it won't be asked...they only care about any violent acts towards women...obly if the USC has any previous spousal abuse ! So you should be good to go:)

Oh gotcha! 

 

Actually I have a follow-up question. What do I need to know for the biometrics appointment? Specifically, what kind of ID will I need? I have an expired California ID card but all my valid cards are Canadian. I can't get any valid US cards until this whole process is done either. I was researching and found a few (old) threads where people were asking this same question but there wasn't really any answer given.  

[caliliving 606]

36 minutes ago, skim00 said:

Oh gotcha! 

 

Actually I have a follow-up question. What do I need to know for the biometrics appointment? Specifically, what kind of ID will I need? I have an expired California ID card but all my valid cards are Canadian. I can't get any valid US cards until this whole process is done either. I was researching and found a few (old) threads where people were asking this same question but there wasn't really any answer given.  

2 hours ago, skim00 said:

 

Yes, exactly.

 

Anyway, I know this thread is already a little old now but I did have one more question that just came up.  My boyfriend has a DUI from several years ago (about 6 or 7).  He completed his court-ordered community service hours just last year.  I was just wondering if this affects our application in any way.  I don't think any of the forms we have to file even ask the US citizen if they have a criminal record of some kind.  The forms seem to only ask those questions to me, the non-US citizen.  Will we have to disclose this in the interview perhaps and if so, what kind of documentation should we bring just in case it does?  Thanks a ton, 

 

 

Use your Canadian ID!!! 

[skimmilk 32]

Hello again VJ!  My husband (!!) and I are finally getting into the paperwork.  I had a few questions that are all over the place, so I figured I'd post them in my original thread rather than clogging up the forums with a whole new thread.

 

1. On the I-485, PART 1, what do I put under the item that says, "CURRENT USCIS STATUS"?  I'm guessing VISITOR or B-2 (this is what's stamped in my passport).

 

2. I used to be here on F-1 & OPT from 2013 to 2016.  I went home because it expired and I couldn't get another visa to stay.  I came back in March on a regular tourist visa.  Will I need to include a copy of my I-20 with the paperwork?  I'm applying for EAD/AP as well and I have my old EAD that I'll be sending a photocopy of with the I-765.

 

3. How do I set up an online account on USCIS so I can check the status of our case as it progresses?  

 

4. I'm not on our apartment lease because our manager and the property owner want to wait until I'm employed and making money to do so.  However, the manager knows me and we're going to ask her to sign a letter stating that I've been living with my husband since we moved in.  Should I also include a photocopy of my expired ID card that bears our current address or is this unnecessary if our manager's letter is present?

 

That's all (for now...I am positive I'll have more questions down the road).  Thanks a ton, VJ!  You guys have seriously helped a TON.