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

[wowcheesestick 2]

12 minutes ago, mushroomspore said:

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.

Man. She can’t leave nor work once the process starts. This is inhumane lol

 

if I still own my old property that mailing issue shouldn’t be a problem right? 

 

Oh btw. Did you file 485 130 131 and 765 all at once?  Any other forms I need to research? 

 

Thank you 

[mushroomspore 3,043]

9 minutes ago, wowcheesestick said:

Man. She can’t leave nor work once the process starts. This is inhumane lol

 

if I still own my old property that mailing issue shouldn’t be a problem right? 

 

Oh btw. Did you file 485 130 131 and 765 all at once?  Any other forms I need to research? 

 

Thank you 

Yes no matter how early or late she gets the combo card, there will be some dead airtime during which she cannot work and leave the US. It's only inhumane because USCIS refuses to give individual cases a rough timeline estimate. If they did that or something like that, it wouldn't be so bad. And yes those forms are correct and were filed together. Don't forget the I-864 (Affidavit of Support) & I-693 (Medical Exam; however these are valid for one year after USCIS receives it and many people wait until their interview to get it done..we sent ours in with our original package).

 

As for your address issue, the other reason I think it's still best to wait is because they send your case to the local field office based on whatever address you give them. Considering you are moving from coast to coast, I still think it's best to wait to avoid any chance of missed communication. They might still accidentally send your file to your old state or schedule your interview there, even if you promptly change your address with them. 

 

Lots of people (applicants AND lawyers) are saying that USCIS are being very unpredictable right now and it's not that surprising. I also don't know if you've heard but they're notoriously backlogged so for your own sanity, please don't risk anything when it comes to them as they literally hold your and your fiancee's legal fate in their hands.

Edited April 2, 2018 by mushroomspore

[wowcheesestick 2]

29 minutes ago, mushroomspore said:

Yes no matter how early or late she gets the combo card, there will be some dead airtime during which she cannot work and leave the US. It's only inhumane because USCIS refuses to give individual cases a rough timeline estimate. If they did that or something like that, it wouldn't be so bad. And yes those forms are correct and were filed together. Don't forget the I-864 (Affidavit of Support) & I-693 (Medical Exam; however these are valid for one year after USCIS receives it and many people wait until their interview to get it done..we sent ours in with our original package).

 

As for your address issue, the other reason I think it's still best to wait is because they send your case to the local field office based on whatever address you give them. Considering you are moving from coast to coast, I still think it's best to wait to avoid any chance of missed communication. They might still accidentally send your file to your old state or schedule your interview there, even if you promptly change your address with them. 

 

Lots of people (applicants AND lawyers) are saying that USCIS are being very unpredictable right now and it's not that surprising. I also don't know if you've heard but they're notoriously backlogged so for your own sanity, please don't risk anything when it comes to them as they literally hold your and your fiancee's legal fate in their hands.

Also if her visa waiver allows her to stay till 5/29 and this process takes a year, is she considered illegal once the visa expires? Thanks 

[mushroomspore 3,043]

10 minutes ago, wowcheesestick said:

Also if her visa waiver allows her to stay till 5/29 and this process takes a year, is she considered illegal once the visa expires? Thanks 

Do you mean her B2 status? Canadians are not under the Visa Waiver Program (that's something else entirely). We're the only ones who are granted B2 tourist/visitor status to the US without having to undergo a visa interview first. To answer your question, she's not considered illegal AS LONG AS your papers are filed in a timely manner. Generally speaking, most people say 180 days overstay is forgiven. However, it's best to file papers as soon as you can after relocating and all that jazz. It'd be pretty ridiculous of USCIS to say, "Hey this is gonna take a year but y'all are illegal even though you filed the papers."

Edited April 2, 2018 by mushroomspore

[DrEllaNJ 288]

6 minutes ago, wowcheesestick said:

Also if her visa waiver allows her to stay till 5/29 and this process takes a year, is she considered illegal once the visa expires? Thanks 

she won't be considered illegal once you submit your paperwork, she'll be in "authorized stay".

I agree with PP, wait with filing until you move. Since you are moving within weeks and still need to get married, it probably will take you about that time to get the petition together anyway so you won't lose too much time.

 

Congrats and good luck!

[wildling99 14]

As someone who is a Canadian and came to the U.S. without intending to marry anyone, I'm happy to answer any questions you might have about the process  

 

I would highly recommend once you get married that she doesn't leave the country. For me, it meant not seeing my family for a year - missing my niece being born, missing my best friend's wedding, etc. It was extremely difficult. We got married in March, had to save up money to file (since I wasn't able to work) and filed everything at the end of June (rec'd by USCIS first week of July). I got my EAD/AP (you file these concurrently with your I-130, 485) in October. I finally went back to Canada in December. I'm still waiting for our interview to be scheduled, and depending where you are in the country, the timelines based on your local office's workload can vary. 

 

Once you file your papers, you CANNOT leave the country without your AP - you abandon your I-485 application. And once you spend that money, it seems like a huge waste to throw that away, and then potentially not be able to get back into the country, due to the fact that your intent is not longer to just visit. 

 

[wowcheesestick 2]

20 minutes ago, mushroomspore said:

Do you mean her B2 status? Canadians are not under the Visa Waiver Program (that's something else entirely). We're the only ones who are granted B2 tourist/visitor status to the US without having to undergo a visa interview first. To answer your question, she's not considered illegal AS LONG AS your papers are filed in a timely manner. Generally speaking, most people say 180 days overstay is forgiven. However, it's best to file papers as soon as you can after relocating and all that jazz. It'd be pretty ridiculous of USCIS to say, "Hey this is gonna take a year but y'all are illegal even though you filed the papers."

My concern is that if only the first 180 days is forgiven. And the process takes longer than 180 days. Will she become illegal? Your advice is appreciated. Thank you 

[mushroomspore 3,043]

15 minutes ago, wowcheesestick said:

My concern is that if only the first 180 days is forgiven. And the process takes longer than 180 days. Will she become illegal? Your advice is appreciated. Thank you 

No, as stated above, she will not become illegal. She is in authorized status for the duration of the process after you file papers. It makes no sense for USCIS to force people to stay in the US while waiting for their green card but also force them into illegal status. It won't take you guys 180 days to send the papers either, so don't worry about it. Just file the papers as soon as  you relocate.

 

BTW, the terminology is a little confusing but important to understand. The term "overstay" ONLY refers to unlawful presence gathered after a visa expiration WITHOUT any attempt to legally change status. Let's pretend you guys file your papers on June 1 (for simplicity's sake). Her current status expires May 29, which means she will have two days where she has no status. But once the papers are filed, USCIS grants her "authorized stay" FOR THE DURATION OF THE ENTIRE PROCESS. They do not consider those two days as "overstay" because you have now legally attempted to change her status. If you did not do this, well that's another story entirely. Does that make sense?

Edited April 2, 2018 by mushroomspore

[wowcheesestick 2]

9 minutes ago, mushroomspore said:

No, as stated above, she will not become illegal. She is in authorized status for the duration of the process after you file papers. It makes no sense for USCIS to force people to stay in the US while waiting for their green card but also force them into illegal status. It won't take you guys 180 days to send the papers either, so don't worry about it. Just file the papers as soon as  you relocate.

 

BTW, the terminology is a little confusing but important to understand. The term "overstay" ONLY refers to unlawful presence gathered after a visa expiration WITHOUT any attempt to legally change status. Let's pretend you guys file your papers on June 1 (for simplicity's sake). Her current status expires May 29, which means she will have two days where she has no status. But once the papers are filed, USCIS grants her "authorized stay" FOR THE DURATION OF THE ENTIRE PROCESS. They do not consider those two days as "overstay" because you have now legally attempted to change her status. If you did not do this, well that's another story entirely. Does that make sense?

Thank you!! 

[Marzena & Stephen 544]

3 hours ago, wowcheesestick said:

Man. She can’t leave nor work once the process starts. This is inhumane lol

 

if I still own my old property that mailing issue shouldn’t be a problem right? 

 

Oh btw. Did you file 485 130 131 and 765 all at once?  Any other forms I need to research? 

 

Thank you 

Same 

From Canada

Can't work and I applied for a work permit 3.5 months ago

Now I can't drive because they won't extend my license without ead.. 

Can't travel outside of the USA 

It's a crazy waiting game

Please be sure you have enough money to support her while she isn't working because tons of expenses come up throughout the process. She may need vaccinations for her medical and the expenses of daily things while she is away from home. Just basics you don't normally think of good luck!

Edited April 3, 2018 by Marzena & Stephen

[wowcheesestick 2]

15 minutes ago, Marzena & Stephen said:

Same 

From Canada

Can't work and I applied for a work permit 3.5 months ago

Now I can't drive because they won't extend my license without ead.. 

Can't travel outside of the USA 

It's a crazy waiting game

Please be sure you have enough money to support her while she isn't working because tons of expenses come up throughout the process. She may need vaccinations for her medical and the expenses of daily things while she is away from home. Just basics you don't normally think of good luck!

Yeah money isnt the issue. the issue is the damn almost jail like treatment! Why cant you drive? You can certainly drive using your canadian drivers license

[Marzena & Stephen 544]

4 minutes ago, wowcheesestick said:

Yeah money isnt the issue. the issue is the damn almost jail like treatment! Why cant you drive? You can certainly drive using your canadian drivers license

Only up to 3 months if you're living here now.  

And ya it feels like jail sometimes haha

 

So basically I need my ead to extend my illinois license expiry date and get car insurance etc..craziness. 

Edited April 3, 2018 by Marzena & Stephen

[wowcheesestick 2]

Just now, Marzena & Stephen said:

Only up to 3 months if you're living here now.  

And ya it feels like jail sometimes haha

Are you saying that Canadian drivers license is only good for 3 months here in the USA? 

 

What about international drivers license that you can get at AAA

[Orangesapples 1,954]

5 minutes ago, wowcheesestick said:

Are you saying that Canadian drivers license is only good for 3 months here in the USA? 

 

What about international drivers license that you can get at AAA

It depends on the state, go to the website of your local DMV to find out the regulations of the state where you'll be living. 

[Marzena & Stephen 544]

1 minute ago, wowcheesestick said:

Are you saying that Canadian drivers license is only good for 3 months here in the USA? 

 

What about international drivers license that you can get at AAA

In Illinois international is also only valid for 90 days ! And driving without a valid license is a misdemeanor here so that would mean that my adjustment of stats

Would be ruined and id pretty much be screwed and have to move back to Canada lol so I'm not risking it ...

 

 

"Illinois law allows drivers relocating to Illinois to drive on their valid driver’s license from their home country or state for ninety (90) days. CDL holders have a reduced window of thirty (30) days to obtain an Illinois CDL. “International driver’s licenses” are not valid in the State of Illinois. International driving permits are issued by the driver’s home country and simply translate the foreign license to make it easier for United State’s officials to read. However, international driving permits still fall under the same rules as foreign driver’s licenses and are only valid for ninety (90) days." 

"Under Illinois law, driving without a valid driver’s license is typically charged as a Class B misdemeanor under 625 ILCS 5/6-101. This is a criminal offense and must be treated as such. The maximum penalty includes a 6 month jail sentence and fine of up to $1,500. If you have been charged with driving without a valid license, "