Can I Adjust Status? Canadian married for 1.5 years

[sheka 0]

I am currently in USA visiting my USC husband of 1.5 years. I am Canadian Citizen. We frequently visit each other since 2011 since we started dating and met online. Our visits averagely happen every 2 to 3 months, staying 5 to 7 days each visit. We were planning to move to Canada after getting married last May 2016, but I lost my job and unable to process sponsorship from Canada until i find a new one, which is sort of difficult these days. 

 

I came to visit last September just to spend time with him for a month while i still actively looked for a job in Edmonton, I've been here for 1 month, longest i've been here in USA to see him (my b2 is expiring in March)  I kept my ties to Canada like my credit cards, bank and had a return flight on the 15th, but we talked that since he has a better job here, we just decided to stay here so we can be together finally after 5 years.

We got married in USA in 2016 during one of my visits but I never had intention to stay. We also had another destination wedding attended with our families and friends after the civil ceremony

 

Is it possible for me to adjust status? I have read about ESTA/Automatic B2 for Canadians being in trouble for visa fraud if we adjust status.

 

 

Edited November 3, 2017 by sheka

[azblk 338]

50 minutes ago, sheka said:

I am currently in USA visiting my USC husband of 1.5 years. I am Canadian Citizen. We frequently visit each other since 2011 since we started dating and met online. Our visits averagely happen every 2 to 3 months, staying 5 to 7 days each visit. We were planning to move to Canada after getting married last May 2016, but I lost my job and unable to process sponsorship from Canada until i find a new one, which is sort of difficult these days. 

 

I came to visit last September just to spend time with him for a month while i still actively looked for a job in Edmonton, I've been here for 1 month, longest i've been here in USA to see him (my b2 is expiring in March)  I kept my ties to Canada like my credit cards, bank and had a return flight on the 15th, but we talked that since he has a better job here, we just decided to stay here so we can be together finally after 5 years.

We got married in USA in 2016 during one of my visits but I never had intention to stay. We also had another destination wedding attended with our families and friends after the civil ceremony

 

Is it possible for me to adjust status? I have read about ESTA/Automatic B2 for Canadians being in trouble for visa fraud if we adjust status.

 

 

yes you can adjust no problem.

http://www.visajourney.com/content/i130guide2

[Amit&Julie 180]

You cannot adjust status from B2 visa. To quote from the "warning" box in the quide linked above: 

Quote

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

 

[Suss&Camm 2,213]

1 hour ago, Amit&Julie said:

You cannot adjust status from B2 visa. To quote from the "warning" box in the quide linked above: 

 

Their intent was determined at POE, none was found as she was allowed to enter. They are fine to adjust.

[Amit&Julie 180]

  Thanks for correcting me @Suss&Camm, that's good to know. 

[Suss&Camm 2,213]

Just now, Amit&Julie said:

  Thanks for correcting me @Suss&Camm, that's good to know. 

Of course, it's easy to misunderstand much of what's written around these things.

[sheka 0]

Thanks guys! Also, if ever we file, will this be potentially brought up during interview? Are they going to give more scrutiny to our case to prove our intent was not to immigrate upon entry?

[azblk 338]

5 hours ago, Dee elle said:

My understanding is that you can adjust from a B visa, as long as your intent upon entry was NOT to do so.. This seems to be yor story.. you have visited and left several times already.. this trip was no different, but you have had a change in circumstances and have now decided to stay. Many here have reminded us all that intent is assessed by the CBP on your entry, and is not a reason of its own to deny an application...  hoping others with more knowledge will add in here... 

Yes even if their intent was to adjust status. As long as they are let in they can adjust as long as they are IR-1 category.

[Redheadguy03 505]

7 hours ago, sheka said:

Thanks guys! Also, if ever we file, will this be potentially brought up during interview? Are they going to give more scrutiny to our case to prove our intent was not to immigrate upon entry?

They will probably ask about it, but just be honest and you'll be ok. 

[caliliving 606]

11 hours ago, sheka said:

I am currently in USA visiting my USC husband of 1.5 years. I am Canadian Citizen. We frequently visit each other since 2011 since we started dating and met online. Our visits averagely happen every 2 to 3 months, staying 5 to 7 days each visit. We were planning to move to Canada after getting married last May 2016, but I lost my job and unable to process sponsorship from Canada until i find a new one, which is sort of difficult these days. 

 

I came to visit last September just to spend time with him for a month while i still actively looked for a job in Edmonton, I've been here for 1 month, longest i've been here in USA to see him (my b2 is expiring in March)  I kept my ties to Canada like my credit cards, bank and had a return flight on the 15th, but we talked that since he has a better job here, we just decided to stay here so we can be together finally after 5 years.

We got married in USA in 2016 during one of my visits but I never had intention to stay. We also had another destination wedding attended with our families and friends after the civil ceremony

 

Is it possible for me to adjust status? I have read about ESTA/Automatic B2 for Canadians being in trouble for visa fraud if we adjust status.

 

 

I am a canadian and was here as an overstgay! you can apply for a AOS by filling out the greencard applicaiton! it is really easy. the thing is, you can not leave the country until you get a greencard or AP! so if you need something to go home for, be cautious! canadians get a B2 (altho we dont have to apply for it) but as long as you were LEGALLY entered into the country (inspected) you can apply for a greencard and you will be fine! overstay is not a reason to deny a GC!  inbox me if you have any questions:) 

[caliliving 606]

8 hours ago, sheka said:

Thanks guys! Also, if ever we file, will this be potentially brought up during interview? Are they going to give more scrutiny to our case to prove our intent was not to immigrate upon entry?

Trust me! ALL they care about at the interview was that your marriage is real! they will ask how you met, where you met ect.. they did not even bring up my overstay and i asked other people and they wont do that. why? bc it is irrelevant! the interview is about your marriage! also, as a canadian the marriage is pretty easy as canada is a low fraud country! so no, you wont get scrutiny at the interview bc of your overstay. but, if you need to leave then you will have problems! you need to stay until you have a greencard which can take a bit of time.  

[Auds 223]

Note what others are saying about not being g able to leave for a bit - family emergencies, something that you didn't take care of while there needing attention, medical emergency if you are not insured in the US yet... and so on.  If you leave before your AP is approved, you will need to start from scratch for CR-1 and then possibly cannot  use B2 either.

 

Also it will be a while before you can work in the US.

 

you may want to consider  filing CR-1/IR-1 now instead, stay a bit more say under 2 Months in two - keep trying for jobs in Canada, start closing open ends there - come back to visit - maybe next trip stay on the full six months - leave and by then your papers should be ready and you get a green card for 10 years (enter after 2nd aniv) you can work from day 1 then and no hassles about possible visa fraud questions.. 

[sheka 0]

On 11/4/2017 at 1:15 AM, Redheadguy03 said:

They will probably ask about it, but just be honest and you'll be ok. 

Thank you! 

[sheka 0]

On 11/4/2017 at 11:32 AM, Auds said:

Note what others are saying about not being g able to leave for a bit - family emergencies, something that you didn't take care of while there needing attention, medical emergency if you are not insured in the US yet... and so on.  If you leave before your AP is approved, you will need to start from scratch for CR-1 and then possibly cannot  use B2 either.

 

Also it will be a while before you can work in the US.

 

you may want to consider  filing CR-1/IR-1 now instead, stay a bit more say under 2 Months in two - keep trying for jobs in Canada, start closing open ends there - come back to visit - maybe next trip stay on the full six months - leave and by then your papers should be ready and you get a green card for 10 years (enter after 2nd aniv) you can work from day 1 then and no hassles about possible visa fraud questions.. 

Thanks, I'll look into it.