spartacus209

Still waiting. I'm jan 9th Vermont service center. You can call if you are past the projected timeline and they will submit a status request.

Is anyone else in Jan still waiting? Getting concerned over the lack of response and they are motoring through the February filers. The date on their website is Jan 16th as of Sept 30th. They won't look into my case because my date is Jan 24th. Any ideas?

I went thru the exact same thing..

Current USCIS status: Visitor

Expires on: N/A

Good Luck!!

My wife is a Canadian citizen and we're in the process off filling out all the required forms for the AOS application. We will be sending I-130 and I-485 together. We're a little unsure how to answer the section labeled "Current USCIS Status" As a Canadian visitor she came here without any kind of visa, didn't even get a stamp in her passport at the POE. What should we put as an answer? And what to do about the "Expires on" part? She still has a few months before her 6 months are up.

Thank you all for your help.

The hardship waiver is difficult to obtain as well. If the AOS is denied and you have tried to adjust from a visitor/student/work status your only real recourse is to voluntarily leave the US (instead of waiting for deportation), have your spouse petition the I-130 and apply for the CR-1 visa from outside of the country. With an overstay, the application will be denied at the interview and the applicant will then have to apply for a hardship waiver to overcome the overstay ban.

That is what I read. but thank you for confirming.

On a personal note, I hope it doesn't come to that. I think we have pretty good evidences proving that we have a bona fides marriage. I'm a little worried about not having proof of inspection, but I guess we Canucks are a special case.

Kittyfang, have you found any Canadian on this forum who has had the same issue yet?I hope they are and I hope they are happy-ended cases that could prepare you in advance for answering "Entering US as a Canadian visitor-type of questions."

I came in US on a J-1 visa, not as a visitor like you, but my first questions at the interview were "how did I get here" and "how can I prove that I wasn't supposed to return to my home country", "what was the name of the business I worked for on a J-1 visa..."-visa specific-related questions.

Nothing like "why did you overstay?", but just one question kind of related to that "did you try to change your status?" I answered "yes"-because I really did...

Just sharing my 2 cents to tell you that they are really looking into this kind of stuff...

I did find some people in this situation. I think the difference with a J-1 is that coming as a visitor (from Canada), you basically get waved in. Your bags are checked, but you don't get paperwork (furthermore, if you don't have a passport, they just look at your ID. That is what they did, in 2007 anyway, now it's changed). From what others have said, in the same situation, they were not asked about why/when/how they came in. Seems like USCIS is aware that Canadians just get waived in.

Something was also brought up about intent. Seems like they don't ask about it, because, as I've said, if you just get waived in, and told the truth to the CBP, they have no proof otherwise. They go on the fact that you told the truth at the border, and are telling the truth when you speak with them.

I could be wrong, but, from what I've seen, it seems that USCIS is only interested in the nature of the marriage. For situation like these anyway.

As for the extreme hardship waiver. I think it mostly applies to... extreme hardship (for the USC). For example, if the USC is very sick and the spouse is the one caring for the USC.

Hello,

Im fairly new to VJ. It looks as thou Im in the same situation as you, Im a Canadian with overstay or VISITOR status..last entry was July 09 after our honeymoon in Europe. Came in without any hassle..now starting the AOS.

As I didnt have a visa or any file # Im wondering if you can send the I-130 petition in at the same time as the I-485 packet or do you have to have the I-130 approved first.

Thanks in advance

One more question. On question 15, they ask name of current employer, do they mean the USC's employer or mine?

I assume you mean on the form I-130? They are referring to your employer since that column is for the alien relative's information. The left column is for the USC

Got it! thank you!

Hello,

Im fairly new to VJ but it seems you are in the same boat as me. Im also Canadian out of status or VISITOR who married a USC in July.

My question is: Can you file the I-130 at the same time as the I-485 packet..or do you have to wait for the I-130 petition to be approved before filing the I-485.

Thanks in advance