An American and a Canadian, Adjustment of Status

[thatonegirlsays 0]

So! My now husband (Canadian) and I (American) met via Twitter about 4 years ago, and have been together for nearly 3 years, with visits to each other about every 2 months, and we got married in April at a small ceremony attended by my family and friends. My new husband went back to Canada a couple days after the ceremony, and I started pulling together paperwork for us to begin the CR-1 process. He’s just returned this week so we can set up our joint checking account, etc., and he had planned to return home again,  but the thought of him going home and has made us consider the prospect of an adjustment of status. The process seems fairly straight forward (or, as straight forward as it can for immigration), but wondering if anyone has any words of wisdom or words of caution against it? I have a great job and make well above the income needed to support a spouse, and we have photos of us together with family and friends, letters from my family, a LOT of plane ticket receipts, etc. so I think we meet any sort of evidence requirements. Open to thoughts, suggestions, before heading off to find an immigration lawyer! 

[Alabamak1 688]

3 minutes ago, thatonegirlsays said:

So! My now husband (Canadian) and I (American) met via Twitter about 4 years ago, and have been together for nearly 3 years, with visits to each other about every 2 months, and we got married in April at a small ceremony attended by my family and friends. My new husband went back to Canada a couple days after the ceremony, and I started pulling together paperwork for us to begin the CR-1 process. He’s just returned this week so we can set up our joint checking account, etc., and he had planned to return home again,  but the thought of him going home and has made us consider the prospect of an adjustment of status. The process seems fairly straight forward (or, as straight forward as it can for immigration), but wondering if anyone has any words of wisdom or words of caution against it? I have a great job and make well above the income needed to support a spouse, and we have photos of us together with family and friends, letters from my family, a LOT of plane ticket receipts, etc. so I think we meet any sort of evidence requirements. Open to thoughts, suggestions, before heading off to find an immigration lawyer! 

as i understand it...if you already have filed the CR-1 you just have to wait and sit. I dont think you can just file for CR-1 and skip the line and do AOS in the US.  

[T_P 872]

5 minutes ago, thatonegirlsays said:

So! My now husband (Canadian) and I (American) met via Twitter about 4 years ago, and have been together for nearly 3 years, with visits to each other about every 2 months, and we got married in April at a small ceremony attended by my family and friends. My new husband went back to Canada a couple days after the ceremony, and I started pulling together paperwork for us to begin the CR-1 process. He’s just returned this week so we can set up our joint checking account, etc., and he had planned to return home again,  but the thought of him going home and has made us consider the prospect of an adjustment of status. The process seems fairly straight forward (or, as straight forward as it can for immigration), but wondering if anyone has any words of wisdom or words of caution against it? I have a great job and make well above the income needed to support a spouse, and we have photos of us together with family and friends, letters from my family, a LOT of plane ticket receipts, etc. so I think we meet any sort of evidence requirements. Open to thoughts, suggestions, before heading off to find an immigration lawyer! 

One thing I would just highlight....make sure your tax info is put together, those are very important during the AOS Process, along side with that, proof of relationship, criminal report and medical. In my timeline I have a list of docs I took with me although not all of them were required. 

 

Hope it helps

[Foreign Fantasy 52]

Does he have a job in Canada? It might look weird that he is able to suddenly stay in the States this time and Adjust Status. It would look like he came this last time with the intent to immigrate as a visitor.

 

If you already filed the CR-1 just wait it out patiently, and let him tie up/finish up loose ends in Canada and once he arrives here on that visa it will be much smoother sailing.

[thatonegirlsays 0]

2 minutes ago, Alabamak1 said:

as i understand it...if you already have filed the CR-1 you just have to wait and sit. I dont think you can just file for CR-1 and skip the line and do AOS in the US.  

We haven’t filed the CR-1, yet—someone else who had been through the process said we needed co mingled finances and we didn’t have time to get all that sorted during the wedding process in April.

[Binna 108]

I would discourage the idea of AOS since it looks too intentional. So is he just going to abandon all his dealings in canada suddenly? What happens to life in Canada? To avoid any issues and doubts, just do the consular processing. It will only take about 12 months or less. The earlier you start the process the better.

[thatonegirlsays 0]

1 minute ago, Foreign Fantasy said:

Does he have a job in Canada? It might look weird that he is able to suddenly stay in the States this time and Adjust Status. It would look like he came this last time with the intent to immigrate as a visitor.

 

If you already filed the CR-1 just wait it out patiently, and let him tie up/finish up loose ends in Canada and once he arrives here on that visa it will be much smoother sailing.

He does! His managers are aware that he would be moving to the US eventually. CR-1 hasn’t been filed because we didn’t have time in April to get our finances co-mingled, yet, so we were set to file everything once he returned home from this trip.

[Alabamak1 688]

Just now, thatonegirlsays said:

We haven’t filed the CR-1, yet—someone else who had been through the process said we needed co mingled finances and we didn’t have time to get all that sorted during the wedding process in April.

that part about the finances is true. I don't think you have any other options from what i can read other than filing for a CR-1 and waiting in Canada for approval of the Visa for your husband. 

[thatonegirlsays 0]

6 minutes ago, T_P said:

One thing I would just highlight....make sure your tax info is put together, those are very important during the AOS Process, along side with that, proof of relationship, criminal report and medical. In my timeline I have a list of docs I took with me although not all of them were required. 

 

Hope it helps

Thanks!

[Foreign Fantasy 52]

1 minute ago, thatonegirlsays said:

He does! His managers are aware that he would be moving to the US eventually. CR-1 hasn’t been filed because we didn’t have time in April to get our finances co-mingled, yet, so we were set to file everything once he returned home from this trip.

That's great that you are getting your finances in order, I know I was unable to because of the distance and unable to visit, but you will have plenty of evidence for the bonafide relationship.

 

Good luck, and im glad your husband will be able to probably visit in the mean time.

 

 

[Ontarkie 14,977]

Yes you can AOS this time as your plans changed after he entered. Just make sure he wants to stay in the US with no work and not leave for a long while. I think EAD and AP is taking almost 6 months to come in. No Working, no going back to Canada without having to start all over again. 

 

Be 100% sure and then file asap. 

[Alabamak1 688]

4 minutes ago, Ontarkie said:

Yes you can AOS this time as your plans changed after he entered. Just make sure he wants to stay in the US with no work and not leave for a long while. I think EAD and AP is taking almost 6 months to come in. No Working, no going back to Canada without having to start all over again. 

 

Be 100% sure and then file asap. 

Just a question then...anybody on a tourist visa, vwp or esta can just come into the USA and do AOS just because they say the changed their mind? 

[Ontarkie 14,977]

7 minutes ago, Alabamak1 said:

Just a question then...anybody on a tourist visa, vwp or esta can just come into the USA and do AOS just because they say the changed their mind? 

Yes, if they changed their mind after entry. 

[Alabamak1 688]

1 minute ago, Ontarkie said:

Yes, if they changed their mind after entry. 

that sound like skipping the line though. No wait and just AOS

[Roel 7,193]

17 minutes ago, Ontarkie said:

Yes, if they changed their mind after entry. 

But if they aren't in the US right now, then the CR1 is the way to go.