What is travelling like with a pending AOS and 131 travel doc? Time limit??

[Canadian Spouse 3]

Hello there,

 

I am weighing the pros and cons of AOS on a visitor visa in order to stay with my US husband.  My main reason is uncertainty; I have no idea when my interview will be scheduled (consular processing interviews cancelled due to covid) and I also have no idea if travel restrictions and mandatory quarantines will lift or will be lifted then reinstated in the fall. 

 

With the i-131 travel document (how long does it take to get one of those??) can you go back and forth to visit friends and family (in Canada specifically) in general or do you actually have to provide specific dates?  Why would they reject you if you have one of these documents?  Thanks!!

[SalishSea 17,928]

1 minute ago, Canadian Spouse said:

Hello there,

 

I am weighing the pros and cons of AOS on a visitor visa in order to stay with my US husband.  My main reason is uncertainty; I have no idea when my interview will be scheduled (consular processing interviews cancelled due to covid) and I also have no idea if travel restrictions and mandatory quarantines will lift or will be lifted then reinstated in the fall. 

 

With the i-131 travel document (how long does it take to get one of those??) can you go back and forth to visit friends and family (in Canada specifically) in general or do you actually have to provide specific dates?  Why would they reject you if you have one of these documents?  Thanks!!

Are you still in Canada?  It is immigration fraud to enter the US with the intent of adjusting.

 

People who AOS within the US in recent history have had to wait 5-7 months for advance parole.

[NikLR 13,227]

22 minutes ago, Canadian Spouse said:

With the i-131 travel document (how long does it take to get one of those??) can you go back and forth to visit friends and family (in Canada specifically) in general or do you actually have to provide specific dates?  Why would they reject you if you have one of these documents?  Thanks!!

You do not have to provide specific dates.  You an use it as you need to travel.  It does take as mentioned, 5-7 months

[Lucky2Lucky 2,526]

CON- Immigration fraud. 

CON- Unable to apply to obtain citizenship for failing to be a person of moral character

CON- Fradulently obtaining a green card 

CON- Lysing to a customs and immigration officer 

 

Everyone who is going through immigration now is in limbo and unaware when they will be reunited. Think of the positives- you aren't a day + traveling away from your loved one, I am assuming you can call them for free and vis a versa and you guys both have solid internet connection to communicate. So many others are in much worse situations. 

[Canadian Spouse 3]

2 hours ago, NikLR said:

You do not have to provide specific dates.  You an use it as you need to travel.  It does take as mentioned, 5-7 months

OK that is not as bad as I thought!  5-7 months is do-able.  Thanks!

[Canadian Spouse 3]

1 hour ago, Luckycuds said:

CON- Immigration fraud. 

CON- Unable to apply to obtain citizenship for failing to be a person of moral character

CON- Fradulently obtaining a green card 

CON- Lysing to a customs and immigration officer 

 

Everyone who is going through immigration now is in limbo and unaware when they will be reunited. Think of the positives- you aren't a day + traveling away from your loved one, I am assuming you can call them for free and vis a versa and you guys both have solid internet connection to communicate. So many others are in much worse situations. 

erm... It wouldn't be immigration fraud because I had no intention of staying when I arrived in the USA.  I have spoken to US border officers about this situation and they see no issue with it as well as lawyers.  That information is easy to get... I just don't know what the lived experience of having a travel doc is like specifically.

[Tjg312 14]

yeah if you're already in the USA it's not a problem. you're not committing any fraud at all since like you said it wasn't your intention when coming the first time.

Good luck. I just submitted mine for my wife that came here on a visitor's visa, was a total PITA to fill out! lol

[Canadian Spouse 3]

2 hours ago, Jorgedig said:

Are you still in Canada?  It is immigration fraud to enter the US with the intent of adjusting.

 

People who AOS within the US in recent history have had to wait 5-7 months for advance parole.

No, I am in the USA.  Yes, I am aware of the immigration fraud issues, that isn't the issue for us.  I was wanting to know about the travel document, if you can only use it once or if it applies for a broader period of time-- such as until you get your green card.  The info isn't clear on the form's instructions.  5-7 months is a while to wait, (probably is longer now) but that is just how it is these days! 

[Lucky2Lucky 2,526]

2 minutes ago, Canadian Spouse said:

erm... It wouldn't be immigration fraud because I had no intention of staying when I arrived in the USA.  I have spoken to US border officers about this situation and they see no issue with it as well as lawyers.  That information is easy to get... I just don't know what the lived experience of having a travel doc is like specifically.

You clearly stated you are  "am weighing the pros and cons of AOS on a visitor visa in order to stay with my US husband."

 

If you tell the officer you are planning on adjusting your status I guarantee they won't let you in. Now maybe I misunderstood- are you currently in the USA now? Then you can AOS with no problem. I interpreted it as you are currently IN Canada. Like I said if you are in the US then it's not a problem.   

[Canadian Spouse 3]

2 minutes ago, Tjg312 said:

yeah if you're already in the USA it's not a problem. you're not committing any fraud at all since like you said it wasn't your intention when coming the first time.

Good luck. I just submitted mine for my wife that came here on a visitor's visa, was a total PITA to fill out! lol

Yeah tell me about it!!  The new form is worded in some strange ways!

[Canadian Spouse 3]

Just now, Luckycuds said:

You clearly stated you are  "am weighing the pros and cons of AOS on a visitor visa in order to stay with my US husband."

 

If you tell the officer you are planning on adjusting your status I guarantee they won't let you in. Now maybe I misunderstood- are you currently in the USA now? Then you can AOS with no problem. I interpreted it as you are currently IN Canada. Like I said if you are in the US then it's not a problem.   

  No worries, miscommunicaton happens.

 

[Lucky2Lucky 2,526]

Just now, Canadian Spouse said:

  No worries, miscommunicaton happens.

 

Okay, good; no problem applying for AOS. Your only disadvantage would be the inability to work or travel for approx 6 months and losing the money of what you paid for the CR1. 

If you do decide to file for AOS make sure you apply for the EAD and AP as it is included in the price. The EAD gives you the ability to work and the AP gives you the ability to travel. You can use the AP as many times as you'd like; when completing the application you do not need a "specific" trip listed; you can write something generic like travel to visit family, in case of emergencies, etc. They both take approx 6 months. Check out the requirements for I-944 as well which is a form that became required in February. 

[RCable 75]

7 hours ago, Canadian Spouse said:

erm... It wouldn't be immigration fraud because I had no intention of staying when I arrived in the USA.  I have spoken to US border officers about this situation and they see no issue with it as well as lawyers.  That information is easy to get... I just don't know what the lived experience of having a travel doc is like specifically.

Similar status to us. My husband came down from Calgary for a 5 month visit in February while we were waiting for his CR1 visa. We got DQ on April 8th. But then with everything going on and the delays with the consulate in Montreal before COVID-19 even happened, he decided to abandon CR1 and apply for AOS. If you're already in the US you're fine. We sent off the AOS application on April 23rd and received the NOA1 today. 

[Sparkle Sparkle 914]

@CanadianSpouse no issues at all. It will cost you only more money as you will file AOS that you would not have with CR1....for I-131 as advised by @NikLR  no need to enter a date or just mark it with "As needed" .........Downsides you wont be able to work for a while plus you will wait 5-7 months or more before you can leave the USA again....if you do, you will have to start CR1 all over again.

[Crazy Cat 41,981]

11 hours ago, RCable said:

Similar status to us. My husband came down from Calgary for a 5 month visit in February while we were waiting for his CR1 visa. We got DQ on April 8th. But then with everything going on and the delays with the consulate in Montreal before COVID-19 even happened, he decided to abandon CR1 and apply for AOS. If you're already in the US you're fine. We sent off the AOS application on April 23rd and received the NOA1 today. 

You decided to go the AOS route AFTER he was qualified at NVC?   That's pretty unusual.......good luck.

Edited May 19, 2020 by Lucky Cat