MrBen

I've been in the US visiting since mid-November 2003. I'm from Canada, and I came here to visit my fiancée. We ended up getting married instead (eloped), and I have not returned to Canada.

My official welcome here is over mid-May of this year, unless I apply for an Adjustment of Status. And I plan to do that, but I may not have the paperwork ready until later this month.

Would overstaying my 6-month welcome by a week or two before postmarking my AOS application have much of an effect on the outcome? (No I have not worked illegally, nor have I left the country since getting married.)

I've already researched the legality of filing for AOS, and in my situation, things are good. There should be no problems, other than possibly waiting too long.

Thoughts?

Susanna

As long as you did not apply for a K1 before hand then you should be fine?
But if you file your AOS after your visa expiry date then DO NOT LEAVE THE COUNTRY until you have been approved.

Try and get your paperwork in before the expiration at least that way you could travel out of the US with AP.

MrBen

I did actually apply for a K-1, but we abandoned the application when I decided to get married during a visit to the US. (No worries, I've already talked to an immigration officer & been advised it's all good as long as I cancel the K-1 application.)

I'll apply for AOS and I don't plan on going anywhere.

Thanks!

jeffreyhy

Susanna,

Canadians do not generally need visas to enter the USA.

That aside, are you saying that if he filed for AOS before his visa expired it is OK for him to leave the country?

If that is not what you are saying, then what difference does it make if he filed for AOS after v. before his visa expired and he leaves the country?

Regards, JEff

Folinskyinla

Hi:

If the facts are as you state them, you should probably be fine. BTW, were you actually given a written document at the POE saying "6 months"?

Susanna

Well Jeff sorry to confuse you or myself?
If he files the paperwork after his visa date has expired then this could be classed as an overstay thus he would not be able to use AP.
File before expiration and he could apply and use AP

MrBen

At the point of entry, I was coming for a 2 week visit to be with my fiancée. I disclosed at the border that we had just received our NOA1, and we chatted for a few minutes about how long NOA2 might take to arrive. (He did not even take my name!)

During our visit we just decided to elope, and then near the end of my visit we decided that I should stick around for a while longer. I contacted my employer and my family, and advised them that if I come back at all, it wouldn't be any time soon!

I then called BCIS. In fact, I called them many times. Each time they advised me that my best option was to write in and cancel my K-1 application, and then adjust my status. A couple of times I even asked "what if the immigration officer doesn't believe my intentions at the point of entry and accuses me of cheating the system?" They said "Since you're from Canada, we're not worried about that - you're here legally, and this sort of thing happens all the time."

I once was even transferred to an actual immigration officer, and he said the exact same thing!

They also advised me that since I was waived through at the border (nothing on paper, no names exchanged, etc), I'm allowed to visit for 6 months.

I've got great documentation (copies of e-mails to/from work, family, etc), and my intentions have been honest & good. My only concern is the fact that I'll have gone beyond my 6 months by a week or two by the time I file, that's all. And I hope it's not a big deal to the gov't!

Thanks guys.

AlisonPA

Why has it taken so long to get all your AOS applications together?

Susanna

Yes good point it took me 3 days in total but that was constant day and night geeting the paperwork all exact(well we will see lol)
Anyways he should still have time?

AlisonPA

Took me a couple of days - getting copies, checking, etc - I waited less than a month after we got married to do it all. Everything seems fine so far - got EAD, AP and had fingerprints done, just waiting for AOS.

Susanna

Well I have not had a medical yet waiting or them to ask for it the thought of all that cash right now arrrrrrrghhhhhhhh.
Also the Police clearance I have to apply for.

While we are on the subject does your 1-145 get approved only once you have submitted and been cleared on the medical and criminal checks? or does that come after they approve the 1-145?

Susanna

candy wy.

what police clearance you have to apply for?

Susanna

Hi there
You have to have a British Scottie yard check to make sure that you have not been a naughty person.
Or any other country that you have lived in over a 1yr period

Susanna

candy wy.

no you don't. that is not required if you are filing from within the us.

Susanna

Someone please clarify this?
I am always open to being wrong lol
But I was told that when you apply for AOS they do a background check on you and that you have to go threw your local police first then they forward the check with your details to Scottie Yard.
Who send that back to you wether you are in the US or not.
Susanna