ChrisCanuck

14 minutes ago, NigeriaorBust said:

  Have you hit 180 days of overstay ?   If not and you leave before that you can avoid the need for a waiver.   You wife could start the I130 now and upgrade it once her citizenship is done.  BTW  how did your wife get citizenship ? 

2

Thanks for the reply.

My opt ended in aug 31st and you are granted 60 days after to leave. Based on that I'm currently around 100 days of overstay.

Lets say I left for canada tomorrow and my wife did file the i-130 and upgrade once her citizenship is done , what happens next? 

My wife was sponsored through her older brother which gave her a green card and has been in the US over 5 years which allowed her to file for citizenship.

6 minutes ago, Georgia16 said:

I don't think you'll make it. If her interview in March 7th and lets say she have the oath by the end of march which would be quick then you file AOS April 1st then it's only 2 months til your sisters wedding you won't get the AP before that.

 

AND this timeline is without RFE's.

 

For most it even take around 14 days from approved to they get the card. 

 

I think you should prepare your sister that you won't be there OR your will be there and then do CR-1 visa. 

 

Thank you for your reply and honesty.  I've yet to research the CR-1 visa can you tell me a little about it 

? 

20 minutes ago, kath1980 said:

You wouldn't go the K visa route if you're already married? 

Sorry about that , I got confused and forgot I was married for a second! I guess this is now referred to as CR-1 now that I'm married?

Hello Everyone

First and foremost THANK YOU for taking time to read this and help me out.

I'm a Canadian citizen living in Florida. I was on F1 OPT status which ended on Aug 31, 2016.  I married my wife on Oct 29, 2016. 

My wife is a permanent resident who filed for citizenship in June of 2016. We assumed she would have had her citizenship by the time we got married and would file for adjustment of status shortly after we got married. This week we received notice that she will have her citizenship interview on March 7, 2017.

I've gotten mixed answers on how long it takes to get sworn in as a citizen after you've had and passed the interview? However long it takes (hopefully not long) I plan to file for my adjustment of status immediately. I also plan to submit an I-785 so I can get back to work as soon as possible.

Here is where it gets sticky...

My sister is getting married in Canada on June 2, 2017. I'm not only in the wedding party but suppose to MC the wedding! Her exact words were I will kill you if you are not there. Back in October when I got married we all figured everything would be settled by the time of the wedding, but now seems to be cutting very close.

I'm aware that by just leaving back to Canada in June would bar me from the US for several years ( due to me overstaying). So I need an alternative.

I'm also aware that there is a travel form I-131 that I can attach also. Although I'm unsure how soon this goes into effect after filing my AOS and if leaving for a wedding qualifies.

IN SUMMARY :

Assuming my wife is granted her citizenship shortly after her interview (lets say end of march?)  And I file my AOS immediately afterward, how long is the waiting period to get an answer on my AOS and ability to travel?

Is there any other type of document that acts as a waiver to travel while my AOS is in process?

BONUS QUESTION : Am I somehow better off returning to Canada asap , which would put me at 90 or so days that I overstayed ( opposed to 180 if i return in june) and starting all over with a K visa process to avoid the risk of being banned from the US? Or something similar? 

If you're  still with me here, god bless your soul!  Any tips, advice or creative ideas  would be appreciated!  

If you need any more information I'm more than happy to provide it.

Much love to all,

Chris the Canuck