snowflakepr

You may want to see an immigration lawyer or do some extensive research prior to applying for an AOS.

I too am Canadian and married my USC husband while visiting on a B2.

It was advised that I return to Canada and have my husband petition for me using an I-130 (he also filed an i-129F).

I traveled back and forth visiting while we waited for the initial petition to be approved.

We did have a change of circumstances while I was visiting the US that permitted me to file an AOS. I have my interview in the US on Aug. 8th. We initially filed the I-130 in May 2013.

Good luck to you....be diligent prior to doing anything that could make your situation worse.

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from IR-1 / CR-1 Spouse Visa Process & Procedures - As this is an AOS topic not CR1~~

I am sorry that I put this topic under the wrong category but I believe I have now been put in to another misplacement. Should my question not be under AOS family based? This is a family based AOS with an approved I-130.

Thanks

ead and parole take 60 to 90 days to process and have nothing to do with interview. i received ead a few days before interview.

Thank you very much for your reply....It will be 60 days next week or 90 come interview day....I guess I will wait and see....just happy the end is now in sight....15 months to date since the start

HI All!

Well after 13 months our i-130 was approved!!!! We filed an AOS in May on our lawyers advice because I was in the US legally when the i-130 was approved. Today we received notice of our interview date for August 8th but have not heard about the EAD or Advance Parole?

I thought that we would have received those prior to an interview date?

Does this mean that it will all be done at the interview or should I expect news soon on the EAD and Advance Parole?

Thanks for anything anybody knows on this topic.

This morning my husband received notification that his I-130 and I-129F were approved!

12.5 months after original receipt.

Funny part is that we had a change of circumstances while I was visiting in the US. We hired a lawyer for an AOS.

The lawyer said it was best to start from scratch and file another I-130.

Yesterday I had my biometrics appointment completed.

Wondering now what will happen.....but an approval is an approval and considering I have already had my medical, biometrics and financial sponsorship submitted hoping that this speeds up the process!

But hey I am APPROVED!!!!!!!!!!!!

thewogans I injured myself prior to my visit to the US. I was on medical leave for a week. After being here for a week I went to see a doctor here who found out I was injured more than originally thought and I have been put on medical leave for 6 months. I am here on a visitor's visa and my visa does not expire until mid August. Since my situation changed drastically from being medical unfit to work for a week to now being unfit for at least 6 months our lawyer said that was reason to file for an AOS. We have been advised that an over stay on a Visa when married to a USC is forgiven when and I-130 and I-485 are filed concurrently. I still technically have my job in my home country. The lawyers had us gather much support from doctors, medical reports etc to support our case that we are being forthright.

The AOS is being handled entirely by immigration lawyers. We were also told that I would be permitted to over stay my passport stamp considering we are married and have a clear and drastic change in circumstances. I will just wait it out. Luckily I do not need to work...just getting bored and wished I could work.

My husband filed an I-130 and K-3 in May 2013. Our case online is still in initial review. We were transferred in Dec. from National Benefits Center to Nebraska and still nothing.

In February 2014 I came to the US to visit but my circumstances changed and we hired a lawyer who has now sent another i-130 and AOS. We paid another 420.00 to file another I-130 on our lawyers recommendation. They have cashed the checks and who know what now.

I am eligible to stay in the US until Aug 2014 no matter what. Lawyers advised that we do not follow up on initial petition.

So frustrating!

Just curious to see if we are the only ones from May who have fallen through the cracks.

My husband file an I-130 for me as well in mid May and we were transferred to Nebraska and supposedly being processed (according to text message from USCIS) at the end of Dec. and we have heard nothing as well.

Very frustrating how some of our files seem to not get anywhere.

I would be happy to know if our case was being delayed because they were having difficulty checking something out or whatever...but to not hear anything or know anything is very frustrating at the least.

I keep on thinking that we must be getting close to hearing. Surely we won't need to endure another 11 months before we hear.

Best of luck to you

My husband file an I-130 for me as well in mid May and we were transferred to Nebraska and supposedly being processed (according to text message from USCIS) at the end of Dec. and we have heard nothing as well.

Very frustrating how some of our files seem to not get anywhere.

I would be happy to know if our case was being delayed because they were having difficulty checking something out or whatever...but to not hear anything or know anything is very frustrating at the least.

I keep on thinking that we must be getting close to hearing. Surely we won't need to endure another 11 months before we hear.

Best of luck to you

My husband file an I-130 for me as well in mid May and we were transferred to Nebraska and supposedly being processed (according to text message from USCIS) at the end of Dec. and we have heard nothing as well.

Very frustrating how some of our files seem to not get anywhere.

I would be happy to know if our case was being delayed because they were having difficulty checking something out or whatever...but to not hear anything or know anything is very frustrating at the least.

I keep on thinking that we must be getting close to hearing. Surely we won't need to endure another 11 months before we hear.

Best of luck to you

Hello fellow Canadian filers!

Long story on my immigration but my husband and I went to see a lawyer today and have been advised that I qualify to complete an AOS. I am going to my 2nd/final medical appt. today, have biometrics completed, affidavit of support from my husband but still need to get my police certificate.

I wondering if anyone knows how I obtain this from the US. I lived in Quebec, Manitoba, Ontario and British Columbia over my life time and Ontario and BC ages over 16.

Thanks for any ideas.

We filed in May. We were transferred to Nebraska in late Dec. We were told our case was being processed and we would here a decision or asking for more info. within 60 days as we ALL heard.

It is passed the 60 days. I came to visit my husband a few weeks ago in the US. We are now going to see a lawyer on march 5th to see if we can do an adjustment of status since I am here.

I would like to request that if you have any negative comment about not being able to file an AOS while I am here please reserve your comments.

Over my 10 months of waiting on this site I have seen the barrage of banter on the subject.

I will wait and see what the lawyer advises and take it from there.

Fingers are crossed that one way or another things will come together soon.

My husband filed our petition in May and received our NOA1 on May 13th for I-130 and NOA1 for I-129F K3 on May 30th. On Dec. 23rd we received notice that our case had been transferred, received and being processed. The letter, as I understand everyone received stated that they would contact us within 60 days with a decision or for more information.

It is now beyond the 60 days and we are not sure what to do.

I am now in the US visiting.

We filed on May 13, 2013 and were transferred in Dec. to Nebraska as well. Of course we received the same 60 day letter and the 60 days will be up on February 20th. I have not been holding my breath that we will hear anything prior to then and had speculated that if/when we need to call after the 60 days that we would get a response as you have indicated....basically tough luck, ya we lied, we can say whatever we want and you still are going to have to wait!!!!!

So frustrating! I am prepared and my husband is prepared to call his Congress woman and Senator on day 61! Patience is being asked for far too long!

Good luck to all of us May filers

Waiting desperately for my husband to receive the NOA2 for his I-130 petition for me, I decided to go out yesterday and have all my documents scanned in to an electronic file so that we have ready for the next process. ( We will be able to file electronically for next stage). When I got home and opened the electronic file I noticed that the city portion of my address is incorrect on our marriage certificate. We were married in San Francisco California and the court house that issued the certificate put in San Francisco as my city instead of the city I live in. The rest of my address is correct including my postal code.

I am wondering if this will/is causing a delay in our process to receive our NOA2 and what we can do about it. I will be contacting the court house in SF to advise and get it fixed just in case an RFE is requested.

Does anybody know if/how we can notify USCIS of the error and how to get them a certificate with my correct address on it?

Thanks....can't sleep worried about being denied because of this!

Hi the reason that your interview is in Vancouver is for two reasons;

1. you filled for a K-1 and Vancouver consulate is able to handle those interviews. i-130's are only handled in Montreal

2. because you filled for a K-1 AND Vancouver consulate is the closest for you, your interview will be set there.

At least this is what i understand.

Nobody is permitted to come to the US with the intention of immigrating without having a petition filed and approved by USCIS and a VISA being provided by US Consulate after first being channeled through National Visa Center first.

This is a loooooong process currently. 8.7 months average currently just to get petition approved and then approx. 12-16 weeks after for remaining process before VISA being issued. You are looking at a year or more before having your wife be with you in the US. You may file outside of the US and stay living together during the process and then come together.

If your wife enters the US legally through Border Control and a petition is approved while she is in the US then she may file for AOS.

There are many couples on here with children and long marriages that have been separated by this process for many months and years.

I have to thank many of you for your kinds words of support and defense. During this difficult and lengthy process we are all stressed and handle our stress in different ways. It is always best to be kind and helpful to those that are hurting rather than say some words that may be taken as insensitive.

There are many wonderful reads since I first made my post and it is wonderful to have connected with all of you.

I am feeling stronger and will continue to seek support and offer support to my community here on VJ.

We did file k-3. I realize this is obsolete even though there is nothing identifying so on USCIS website. I currently live in Vancouver and know very well that I will be needing to complete interview in Montreal.Looking for other beneficiaries that live in Vancouver as my topic suggests.

sorry if it appeared otherwise.

It is my understanding that if she goes to the US on a B2 visa she is only allowed to stay as a visitor and not with the intention to immigrate. I have also seen that there have been people on VJ who have been in the same situation as you, have had their spouse visit on B2 visa and then have filed an AOS and been successful. I have also seen posts from people saying that this is illegal. It seems that we all post just from our current knowledge and experience but give no information that is sound proof guaranteed to be true!

I have looked in to this a fair bit and this is my understanding:

If a person travels to the US on a B2 visa and is granted legal entry in to the US with the intent to return to their home country AND a petition is approved WHILE your spouse is in the US legally on a B2 visa then an AOS can be filled. I am not clear though if the AOS needs to be approved prior to the B2 expiry date.

This is a gamble. Your spouse would need to REALLY be planning on returning back to her home country AND be able to provide strong ties to her country such as letter from employer, mortgage or lease, bank account statements, on going bills in home country etc.

I have visited my husband on a B2 while awaiting our NOA2 but we are not willing to jeopardize messing anything up by trying to stay if petition is approved during one of my visits. Risks are VERY high.

Good luck and hopefully you are able to find out the TRUTH to your question.

Hello Fellow VJ followers.

I am an I-130 CR-1 beneficiary awaiting approval of my husband's petition. We filed in May 2013.

The wait is painful and would really like to connect with anyone else who lives in the lower mainland who is going through the same process.

Thanks :-)

Great help Naam_2013!

Looks like there are a few things that I can get busy with to help pass the time and make me 'feel' like I am doing something to help the process along!

If anyone lives in the Vancouver, Canada area I would love to connect. I don't know anybody here (long story as to why I am living here) and have no family or friends around for support.

i will check out the Canada forum or whatever it is called on here and see if I can make some connections to help along the way!

Good luck to you.....looks like you are coming close to an NOA2 approval. Fingers crossed for you!

Winky I understand your pain and hope that this process ends quickly for you and all of us. I know I am very fortunate to be able to visit my husband. Each time I am permitted across the border I thank the border control officer overwhelming so and break down in tears once in the US with gratitude.

NLR thank you for your kind words, support and understanding.

I am not familiar with the next stage once receiving an approved NOA2. I would welcome more info on electronic processing and if there is anything I can do now to be prepared for next steps.

I have gone and had my immunizations up dated and am wondering if there is anything more that I can do to prepare. My husband has his tax returns ready from last 3 years and pay stubs for the past year for his affidavit of support.

Electronic filing I am not familiar with. Does this speed things up or is there a special way to prepare documents? Will we be notified from USCIS or NVC on electronic filing?

Sorry to ask so many questions. I have visited the thread on NVC process but not entirely clear.

Thanks again!

i am from a country that is part of the visa waiver program. When I cross the border I am required to have a letter from my employer stating that I am permitted to be away from work and when I am expected to be back to work. a letter from my landlord of where I reside along with a copy of my tenancy agreement, 6 months worth of bank statements showing ongoing bill payments and employment income, as well of proof of other assets in my country, such as my car, insurance, etc. I have been permitted each time but am reminded at each crossing to continue to provide all the documentation that I have in the past and to NEVER stay longer than I say. I have NEVER stayed longer even though at my last crossing i was told that I could stay until Jan 23rd I still returned on my originally planned date of Jan 3.

Good luck to you and perhaps bring the documents that I have suggested with you as proof of ties to your home country and sign of your return to your country after your visit.