This is my plan for adjustment of status - please advise!

[wowcheesestick 2]

My girlfriend came to visit me 4 months ago from Canada. Original, the intention was for her to travel to the  USA for a while and then for her to go back. (She likes traveling ) Well, things have been going well plus I will most likely relocate within the US for a new job. so before all the changes, we would like to proceed to get married. She is of canadian citizen, and I am American.

 

My plan is for us to go ahead and register, then file for AOS. I read it online that I-130, I-485, I-131 and I-756 can be all filed concurrent? I have no issue with filling out the forms myself. But before I begin, i would like to see if anyone has any advice. And yes. we understand the risk of not having a K1 visa. Our intention was pure when she came over on a visors visa. (waived due to Canadian citizenship)

 

The other question is that since i will be relocating, should I wait till I relocate and then file, or can I file now after marriage registration (I have permanent address). The relocation is from west coast to east coast. I heard we might need to do interviews, is there a way to specify where to go?

 

Your advice is appreciated. If I missed anything, please let me know. What is a typical AOS time frame? Thanks!

[bad4tatt 168]

19 minutes ago, wowcheesestick said:

My girlfriend came to visit me 4 months ago from Canada. Original, the intention was for her to travel to the  USA for a while and then for her to go back. (She likes traveling ) Well, things have been going well plus I will most likely relocate within the US for a new job. so before all the changes, we would like to proceed to get married. She is of canadian citizen, and I am American.

 

My plan is for us to go ahead and register, then file for AOS. I read it online that I-130, I-485, I-131 and I-756 can be all filed concurrent? I have no issue with filling out the forms myself. But before I begin, i would like to see if anyone has any advice. And yes. we understand the risk of not having a K1 visa. Our intention was pure when she came over on a visors visa. (waived due to Canadian citizenship)

 

The other question is that since i will be relocating, should I wait till I relocate and then file, or can I file now after marriage registration (I have permanent address). The relocation is from west coast to east coast. I heard we might need to do interviews, is there a way to specify where to go?

 

Your advice is appreciated. If I missed anything, please let me know. What is a typical AOS time frame? Thanks!

Filing concurrent is best and saves money. As long as she has and shows proof that her intent was not to stay, she should be fine to proceed. 

[Sunnyland 639]

Typical AOS time frame is 1 year, it could be less or more. A work friend of mine just had her GC approved after waiting exactly 12 months since filing. She came to US from Europe on her VWP. 

[wowcheesestick 2]

3 minutes ago, Sunnyland said:

Typical AOS time frame is 1 year, it could be less or more. A work friend of mine just had her GC approved after waiting exactly 12 months since filing. She came to US from Europe on her VWP. 

Thanks for the answer. How long did she get advanced poral and work authorization? Thanks. 

 

 

Also since her visitor visa expires 5/29/2018 does this mean she will be out of status until she gets AP and GC? Is it okay for her to stay? Or should I hve her leave and go back to Canada ? Thank you 

Edited April 2, 2018 by wowcheesestick

[arken 4,197]

If you ate planning to move within a month or so, it might be better if you relocate first and then file the petitions but if that’s a 2-4 months future plan, go ahead and file ASAP.

[Sunnyland 639]

OP,  I think she had her EAD within 3 months last year. She did not apply for AP. 

Edited April 2, 2018 by Sunnyland

[Tenreyro 174]

22 minutes ago, wowcheesestick said:

Thanks for the answer. How long did she get advanced poral and work authorization? Thanks. 

 

 

Also since her visitor visa expires 5/29/2018 does this mean she will be out of status until she gets AP and GC? Is it okay for her to stay? Or should I hve her leave and go back to Canada ? Thank you 

The average time for the EAD is 15 weeks (3 1/2 months), it can take up to 5 months.

 

After filing for AOS, it does not matter if she goes out of status, if that happens, officially she would be in an "authorized stay" status. She shouldn't get out of the country after filing, or her AOS would be considered abandoned, unless she has an approved form I-131 with her AP. 

 

You can also consider filing for K-1 as a fiancee, which potentially can have less stress in the overall immigration process if they pressure you with questions of if you two got married for her to have the immigrations benefits, or something like this, that actually depends on the person interviewing you (I don't think that would be much of an issue in your case, but it is always a possibility). But the K-1 process is Consular, and she can't be out of status before that, and has to go back to Canada. That process would take 4 to 8 months, and after she arrives to the US, you have to get married within 3 months. After the wedding, you have to apply for AOS. This process takes more paperwork, and fees, but the only advantage is if both of you would like a planned wedding.

[Tenreyro 174]

1 hour ago, wowcheesestick said:

Thanks for the answer. How long did she get advanced poral and work authorization? Thanks. 

 

 

Also since her visitor visa expires 5/29/2018 does this mean she will be out of status until she gets AP and GC? Is it okay for her to stay? Or should I hve her leave and go back to Canada ? Thank you 

Also, if you guys want to have her family at the wedding and want/have to do it in Canada, you can get married there, and file I-130 on the US Embassy in Canada, which should be approved within a month, and  around 11 weeks through the NVC stage before an interview. This also means several months apart, but this could actually be the way that helps her get the Green Card faster, meaning less worry for the employment part, and your moving wouldn't have any impact on it.

 

Anyway, I just wanted to let you know on all the options that you have, it all depends on the things you both want, and it doesn't matter the path, we are talking about a journey that will take some time.

Edited April 2, 2018 by Tenreyro

[wowcheesestick 2]

2 minutes ago, Tenreyro said:

Also, if you guys want to have her family at the wedding and want/have to do it in Canada, you can get married there, and file I-130 on the US Embassy in Canada, which should be approved within a month, and  around 11 weeks through the NVC stage before an interview. This also means several months apart, but this could actually be the way that helps her get the Green Card faster, meaning less worry for the employment part, and your moving wouldn't have any impact on it.

 

Anyway, I just wanted to let you know on all the options that you have, it all depends on the things you both want, and it doesn't matter the path, we are talking about a journey that will take some time.

Thank you so much for your insight! If I don’t want us to be apart. Is the “getting married in the USA and file for AOS” the only option? 

 

We we do not plan to have a wedding until later. We plan to register and file AOS. Not due to financial reasons but rather the timing of everything. 

 

Thank you

[Villanelle 4,121]

What do you mean by you are not "planning to have a wedding" but plan to "register". What does "register" mean to you? You need to legally get married to file AOS. You certainly dont need to have an elaborate wedding but you need to legally get married. The word "register" does not apply. 

[wowcheesestick 2]

10 minutes ago, Damara said:

What do you mean by you are not "planning to have a wedding" but plan to "register". What does "register" mean to you? You need to legally get married to file AOS. You certainly dont need to have an elaborate wedding but you need to legally get married. The word "register" does not apply. 

Oops. I meant to say “to get married at the court house”. The wedding part is the reception and ceremony which I don’t plan to do until later. 

[Orangesapples 1,954]

7 hours ago, bad4tatt said:

Filing concurrent is best and saves money. As long as she has and shows proof that her intent was not to stay, she should be fine to proceed. 

She needs no such proof. She's fine either way. 

[mushroomspore 3,043]

I would also recommend waiting until after relocation to file the papers. Do you know when you are relocating? Address changes can cause confusion and missed letters so it's highly highly HIGHLY recommended to wait until you are at your new address. However you can get married at the courthouse soon if that's what you want and then research the paperwork together.

 

Also wanna add: don't worry about proving intent. The interview is meant to ensure you guys are a real couple. It is CBP's job to determine people's intent while crossing the border. It is now a moot point. Just get evidence of financial and domestic co-mingling, photos etc. 

 

Btw I am Canadian and same deal. However I must warn you that EADs are taking longer and longer. Those who are lucky manage to get them within 4-6 months. However I filed in August 2017, got an RFIE 2 months ago and still have nothing.

Edited April 2, 2018 by mushroomspore

[wowcheesestick 2]

18 minutes ago, mushroomspore said:

I would also recommend waiting until after relocation to file the papers. Do you know when you are relocating? Address changes can cause confusion and missed letters so it's highly highly HIGHLY recommended to wait until you are at your new address. However you can get married at the courthouse soon if that's what you want and then research the paperwork together.

 

Also wanna add: don't worry about proving intent. The interview is meant to ensure you guys are a real couple. It is CBP's job to determine people's intent while crossing the border. It is now a moot point. Just get evidence of financial and domestic co-mingling, photos etc. 

 

Btw I am Canadian and same deal. However I must warn you that EADs are taking longer and longer. Those who are lucky manage to get them within 4-6 months. However I filed in August 2017, got an RFIE 2 months ago and still have nothing.

Really? So currently you cannot work? What about AP? I’m ok with her not working but I think she would like to go back to Canada to visit at least... what are your options? 

 

Relocation happens in weeks. 

[mushroomspore 3,043]

5 minutes ago, wowcheesestick said:

Really? So currently you cannot work? What about AP? I’m ok with her not working but I think she would like to go back to Canada to visit at least... what are your options? 

 

Relocation happens in weeks. 

I can't work (it's been killing me, especially the past month). AP comes with the EAD in one combination card, so I don't have that either. I have no options except to wait.  In general, be prepared for your fiancee to not work and not be able to leave the US for AT LEAST six months. If you get the combination card before then, that's fine.

 

Since you're relocating rather soon, waiting to file papers until then is still the best idea. You and your fiancee won't have to stress and fret over potentially missed/lost notices. USCIS isn't the most accommodating agency so if something does happen, they put the burden on the applicant/petitioner to prove it wasn't your mistake.

Edited April 2, 2018 by mushroomspore