Can canadian spouse apply for AOS in USA

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citizen_hopeful

Registered Users (C)
If I am a US citizen, can my spouse who is a canadian citizen apply for greeen card (via adjustment of status) here in the US.
 
I mean any canadian can legally enter usa.

Also I dont want my spouse to apply for usa green card at the US embassy in Canada (K3 or IR-1) as that will mean another long wait and we dont have any patience left.
 
It sounds like he/she is already married and the spouse is in Canada... wouldn't they have to do a K visa to get her over here? Being that they are already married and what not...
 
citizen_hopeful said:
I mean any canadian can legally enter usa.
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It's not that simple. I was asking if your spouse was in the US.

Also I dont want my spouse to apply for usa green card at the US embassy in Canada (K3 or IR-1) as that will mean another long wait and we dont have any patience left.
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Is your spouse in the US? If so, you can file the AOS. if not, I think you will need to go through consular processing unless he can enter on an H or an L.
 
citizen_hopeful said:
My wife visits me on weekends here in the US. She does not have a H or L visa.
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I suppose she could file the I-485, but it would require staying in the US the entire time until AP is received and I would not recommend filing the I-485 for at least 90 days. Out of curiosity, what does she say at the POE each time she crosses?
 
Whenever she crosses the border she mentions if asked by immigration officer (POE)
a) that she is visiting me.
b) works in canada
c) will be returning in x days.
Also these are not recorded.

She was called in once and they asked her a series of qstns (which were recorded on the system) along with does she intend to immigrate to the US to which she replied 'not at the momment'.

Why do you say wait 90 days to file I-485? as without applying for it she will not get advance parole (to travel out of the country) and EAD to work in usa.
 
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citizen_hopeful said:
She was called in once and they asked her a series of qstns (which were recorded on the system) along with does she intend to immigrate to the US to which she replied 'not at the momment'.
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If she's been able to do that, I'd file the I-130 and I-129 and keep crossing. If they ask her when she intends to immigrate, she can always say "not until I get my K-3" and she has a long history of temporary visits to back her up.

File the I-485 after she enters with the K-3.
 
citizen_hopeful said:
I mean any canadian can legally enter usa.
Click to expand...

It may sound tempting to enter the US and apply for AOS since it's very easy for Canadians to enter (as it is also for Austrians), however that's restricted to nonimmigrant temporary visits. For immigrant intent we're supposed to follow the same procedures as immigrants from all other countries in the world. If someone enters in a form that requires nonimmigrant intent it could be construed as immigration fraud if they file for AOS shortly thereafter.

I agree with TheRealCanadian's strategy, it sounds like the most sensible thing to do in this case.
 
i am in same boat, i have filed wifes i130 already as you can see my times, i naturalize on wed, i will then upgrade i130 petition to IR status, but i can either file for k3, or wait til i130 aproved and sent to nvc then montreal us consulate and go there for interview, or if k3 approved, bring her to us, then apply for AOS. to get both k3 or consular takes about the same time, but going to montreal for me from vancouver would cost over 3000 in airfare,hotel etc, so itll be cheaper to wait a little longer and get k3, then AOS, but i am not 100% decided on what i want to do right now. and legally once you apply for i130 they should not be aloud in the states but its up to the border agent, my wife gets denied sometimes, but trys again and sometimes gets in. she has nexus and it makes no difference either, it all depends on the border guard and if he believes she will go back or not.
 
My experience whenI was dating is that I was flying from Europe to the USA every month. At the same time, I was preparing the file for the K-1 fiance visa. I had asked the US embassy whether I still was able to travel monthly on the Visa Waiver Program (VWP) to visit my wife. They had told me it was OK, and that I should be careful using the VWP for as long as it was not my intent to immigrate, i.e. reserving the use of my K-1 package/envelope to when I would move to the USA.
----------------------
Detroit DO - NSC
09/28/98 Entered on K-1 (Fiance) Visa
12/19/98 Married with US Citizen (still happily married 9 years after )
12/24/98 Filed I-485, I-130, I-765 in OKC (NSC)
01/03/99 Moved to Texas (TSC)
05/xx/00 Moved to Eastern PA (VSC)
11/xx/00 Moved to Central NJ (VSC)
03/19/01 LPR
03/xx/03 Received GC dated 03/19/2001
03/20/07 N-400 Priority Date
04/12/07 FP done
09/19/07 Interview passed :)
10/26/07 Naturalized Citizen :)
 
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