Looking for guidance on our situation.

[WonderingLoudly 0]

I’ll try to be brief but I also have some basic questions that I believe I know the answers to; however, my brain is muddled after reading many variations of cases. 
 

I am a 32F from Canada in the US with 52M boyfriend who is an American citizen. I came down to the US when our office in Canada went to remote work (I’m not asking tax questions, I know that’s a whole other ball of wax). 
 

So I entered on a standard B2 visa expecting to be here a month or so but with COVID have stayed. I submitted an extension (I-539) at the end of July but wait times are 7+ months. I consulted a lawyer and at their suggestion chose to remain in the US past the end of my B2 and also at the suggestion of the same lawyer I submitted a second extension in case the first wasn’t reviewed before my requested end date. 
 

When I came down here in March we didn’t know what to expect but our relationship has blossomed and we are looking to get married and have me technically move down here permanently. 
 

Here is where it would be helpful for some guidance. I’ll refer to specifics seen in other posts:

 

- I understand that the age difference might impact approval; this relationship stated legitimately - literally through gaming online and we had met before March 2020

 

- I have a Master’s degree, 10 year employment in Canada with same firm, and savings and investments of $350K

 

- I mention the above because my boyfriend had to close down main parts of his owned small business due to COVID so his income will not look great for 2020 or 2021; I know he has to meet minimums so I’ll have to speak to him about that

 

My basic questions are:

 

- Would we literally go to the courthouse (COVID dependent) and get married and then submit an application to change my status from B2 to CR1? I feel I am over simplifying tremendously

 

- Since his financials, besides owning property (with some mortgage remaining), are weak will my comparatively strong financials be taken into consideration?

 

I want to follow the process and the rules and I just feel uneasy not being able to fully understand. 

 

Thank you. 

[aaron2020 11,651]

35 minutes ago, WonderingLoudly said:

 

 

My basic questions are:

 

- Would we literally go to the courthouse (COVID dependent) and get married and then submit an application to change my status from B2 to CR1? I feel I am over simplifying tremendously. That simple.  You marry.  He files an I-130.  You file an I-485 to adjust status to be a green card holder.  You will get a 2 years conditional green card since you are likely to get a green card before your 2nd wedding anniversary.  There are other forms you will want to submit with your I-485; EAD to legally work & AP to legally leave the US without abandoning your adjustment of status.  Follow the Guides on VJ.

 

- Since his financials, besides owning property (with some mortgage remaining), are weak will my comparatively strong financials be taken into consideration?  Only if your income will continue after you immigrate.  Might be a good idea to get a US family member or friend to be a Joint Sponsor for the I-864.

 

I want to follow the process and the rules and I just feel uneasy not being able to fully understand. This is a DIY site.  Lots of people in your situation have done it.  Got to be detail oriented and be able to read and follow directions.  

 

Thank you. 

 

[HRQX 4,145]

31 minutes ago, WonderingLoudly said:

get married and then submit an application to change my status from B2 to CR1?

Yes, since he's a US citizen it doesn't matter what ultimately is the decision on the pending I-539: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;

• The applicant is not in lawful immigration status on the date he or she files the adjustment application;

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

• The applicant has ever violated the terms of his or her nonimmigrant status.

36 minutes ago, WonderingLoudly said:

will my comparatively strong financials be taken into consideration?

You can include Form I-864A in addition to his I-864. Your I-864A cannot include your current employment income, but can include your savings and other assets.

[WonderingLoudly 0]

10 hours ago, aaron2020 said:

 

Thank you so much! I can appreciate the need to be detail oriented and I know I have to become more familiar with all of this.

 

My follow-up question, if phrased properly: since I currently have an I-539 for extension of current status (B2) in with USCIS, what course of action would I take if the extension, for whatever reason, was denied and we hadn't married first? This is truly more of a timing question - for example, what if I heard Feb 12 that they denied it and we weren't yet married? Would that mean I would have to immediately leave (since it is past the original end of my B2) and go the K-1 status route or is there something else I should consider.

 

Again, thank you.

[WonderingLoudly 0]

10 hours ago, HRQX said:

You can include Form I-864A in addition to his I-864. Your I-864A cannot include your current employment income, but can include your savings and other assets.

Thanks for this additional detail, very helpful.

 

I asked the other responder the same follow-up question in case you have insight:

 

My follow-up question, if phrased properly: since I currently have an I-539 for extension of current status (B2) in with USCIS, what course of action would I take if the extension, for whatever reason, was denied and we hadn't married first? This is truly more of a timing question - for example, what if I heard Feb 12 that they denied it and we weren't yet married? Would that mean I would have to immediately leave (since it is past the original end of my B2) and go the K-1 status route or is there something else I should consider.

[Boiler 45,665]

Well you would be out of status and deportable.

 

Marrying and filing to adjust puts you back for want of a better term in status.

[HRQX 4,145]

2 hours ago, WonderingLoudly said:

or is there something else I should consider.

At that point you should still follow through with the marriage and then adjust status within the US. Once I-485 is properly filed you'll be in a period of stay authorized by the Secretary of Homeland Security. The I-485 receipt notice would be your proof of that.

[Captain Baghdad 5]

14 hours ago, WonderingLoudly said:

I’ll try to be brief but I also have some basic questions that I believe I know the answers to; however, my brain is muddled after reading many variations of cases. 
 

I am a 32F from Canada in the US with 52M boyfriend who is an American citizen. I came down to the US when our office in Canada went to remote work (I’m not asking tax questions, I know that’s a whole other ball of wax). 
 

So I entered on a standard B2 visa expecting to be here a month or so but with COVID have stayed. I submitted an extension (I-539) at the end of July but wait times are 7+ months. I consulted a lawyer and at their suggestion chose to remain in the US past the end of my B2 and also at the suggestion of the same lawyer I submitted a second extension in case the first wasn’t reviewed before my requested end date. 
 

When I came down here in March we didn’t know what to expect but our relationship has blossomed and we are looking to get married and have me technically move down here permanently. 
 

Here is where it would be helpful for some guidance. I’ll refer to specifics seen in other posts:

 

- I understand that the age difference might impact approval; this relationship stated legitimately - literally through gaming online and we had met before March 2020

 

- I have a Master’s degree, 10 year employment in Canada with same firm, and savings and investments of $350K

 

- I mention the above because my boyfriend had to close down main parts of his owned small business due to COVID so his income will not look great for 2020 or 2021; I know he has to meet minimums so I’ll have to speak to him about that

 

My basic questions are:

 

- Would we literally go to the courthouse (COVID dependent) and get married and then submit an application to change my status from B2 to CR1? I feel I am over simplifying tremendously

 

- Since his financials, besides owning property (with some mortgage remaining), are weak will my comparatively strong financials be taken into consideration?

 

I want to follow the process and the rules and I just feel uneasy not being able to fully understand. 

 

Thank you. 

I will advise you to apply for Fiancé Visa instead of CR1 , that will save a lot of time for both of you!

[aaron2020 11,651]

11 minutes ago, Captain Baghdad said:

I will advise you to apply for Fiancé Visa instead of CR1 , that will save a lot of time for both of you!

Horrible advice.  

OP does not need a visa.  She is already in the US.  She can marry, stay in the US, and adjust status for a green card.  Why would she leave the US, return with a K-1, marry and adjust status?  Absolutely no reason to go get a fiancee visa when she's already in the US.  Applying for a fiancee visa will not save time.  Applying for a fiancee visa adds time and expenses for no good reason.

Edited January 24, 2021 by aaron2020

[caliliving 606]

Listen to the advice here and AOS while you are in the US!  You can get married, and file  the paperwork for your GC.  Do not leave until you have your EAD/AP combo card - which could take about 6 months AFTER you file the paperwork!  I highly highly doubt as a canadian you would get a b2 extension visa - very hard to get!  Also, Canadians are considered a low fraud country so the age gap really would not make a difference.  Do not leave the country until you have the combo card - if you do leave you will have more problems to get the greencard to come back.  Overstay and unauthorized work are forgiven when married to a USC.  However, if you overstay and leave your chances of coming back are 0. 

[mushroomspore 3,044]

Get married and file the AoS papers (I-130, I-486, I-131, I-765, I-864). Look at the Guides tab at the top menu bar.

 

2 hours ago, Captain Baghdad said:

I will advise you to apply for Fiancé Visa instead of CR1 , that will save a lot of time for both of you!

This is actually a huge waste of time and money.

[Rocio0010 5,579]

6 hours ago, Captain Baghdad said:

I will advise you to apply for Fiancé Visa instead of CR1 , that will save a lot of time for both of you!

No, no, no. CR1 are currently taking a year+. Plus, to do CR1, OP would have to be in Canada. She is in the US. Why would she leave and apply from abroad, when she could adjust status here?

OP, your plan sounds good. If your extension is denied before you have filed status, you are deportable. While being out of status and even working on a visa is something that is forgiven when you are adjusting status (as a courtesy to the USC), you should by all means abide the law as much as possible.

So what you could do is to get married at a courthouse, and apply for AOS shortly after that, so that if the extension is denied or delayed, you are safe. The proof of your legality would be Your receipt notice. Nowadays these are taking 1 Month+, so don’t delay it further.

[SalishSea 17,928]

OP, just keep in mind that if you marry and adjust status, you will not be able to return to Canada/be readmitted or work without AP/EAD.  Right now it is taking 8 months or so to receive these.