Marriage to LPR - While in U.S. waiting time to apply for AOS.

[Maza]

n/a

[azblk]

Re: Married to U.S. Permanent Residence and AOS processing time while maintaining legal status in the U.S.

I have quick question, suppose if I get married to a Permanent Residence (PR) inside U.S. and since I am Canadian Citizen, I can stay in the U.S for 6 months (under Visa-Waiver Program) to maintain my legal status, how ever the AOS process take about 2 yrs, my question is how can I maintain my legal status to stay the U.S. (while awaiting to apply for AOS process to initiate) after I run-out my 6 months

Your recommendation will be highly appreciated.

Not unless you have some other type of visa that allows you to stay. What you can do is get married and only file i-130/i-130. While waiting for it to be decided you come and go every 6 months but there is no guarantee they will allow you to enter. How long until your spouse naturalizes?

[newacct]

Re: Married to U.S. Permanent Residence and AOS processing time while maintaining legal status in the U.S.

I have quick question, suppose if I get married to a Permanent Residence (PR) inside U.S. and since I am Canadian Citizen, I can stay in the U.S for 6 months (under Visa-Waiver Program) to maintain my legal status, how ever the AOS process take about 2 yrs, my question is how can I maintain my legal status to stay the U.S. (while awaiting to apply for AOS process to initiate) after I run-out my 6 months

Your recommendation will be highly appreciated.

Once you file AOS (I-485), you can stay in the US for as long as it is pending without needing to maintain status. However, you cannot file AOS until a visa number is available for your category and priority date, and you must be in the US and in status at the time that you file AOS. A spouse of a permanent resident is in the F2A category, and the wait for visa numbers in that category is 1-2 years.

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Not unless you have some other type of visa that allows you to stay. What you can do is get married and only file i-130/i-130. While waiting for it to be decided you come and go every 6 months but there is no guarantee they will allow you to enter. How long until your spouse naturalizes?

Note that the wait for the I-130 to be decided is not what matters for AOS. What matters is the wait for a visa number to become available for the category and priority date. An approved I-130 doesn't allow you to do anything -- you still have to wait until a visa number is available before you can do AOS or CP. On the other hand, if a visa number is available, one can file AOS even if the I-130 is still pending, if one is in status and otherwise eligible for AOS.

[azblk]

Note that the wait for the I-130 to be decided is not what matters for AOS. What matters is the wait for a visa number to become available for the category and priority date. An approved I-130 doesn't allow you to do anything -- you still have to wait until a visa number is available before you can do AOS or CP. On the other hand, if a visa number is available, one can file AOS even if the I-130 is still pending, if one is in status and otherwise eligible for AOS.

My thinking is she files for i-130 and keeps using VWP to enter and leave as appropriate until it is approved at which point she will be able to file i-485 if she is in the country and stay till she gets AP or Green card.

[newacct]

until it is approved at which point she will be able to file i-485

Again, I-130 being approved does not allow her to file I-485 or do anything else. Only a visa number being available for her category and priority date will allow her to file I-485.

[Maza]

Thank you.

Again, I-130 being approved does not allow her to file I-485 or do anything else. Only a visa number being available for her category and priority date will allow her to file I-485.

Thank you for your expert advice. Really appreciate it. Thank you very much for your precious time.
Maza

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My thinking is she files for i-130 and keeps using VWP to enter and leave as appropriate until it is approved at which point she will be able to file i-485 if she is in the country and stay till she gets AP or Green card.

Thank you for taking the time to read and answer my questions. God Bless you.
Maza

[Maza]

Thank you for your detailed answer.

Once you file AOS (I-485), you can stay in the US for as long as it is pending without needing to maintain status. However, you cannot file AOS until a visa number is available for your category and priority date, and you must be in the US and in status at the time that you file AOS. A spouse of a permanent resident is in the F2A category, and the wait for visa numbers in that category is 1-2 years.

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Note that the wait for the I-130 to be decided is not what matters for AOS. What matters is the wait for a visa number to become available for the category and priority date. An approved I-130 doesn't allow you to do anything -- you still have to wait until a visa number is available before you can do AOS or CP. On the other hand, if a visa number is available, one can file AOS even if the I-130 is still pending, if one is in status and otherwise eligible for AOS.

Reply to your question:
It will take her 2 yrs to get Neutralize as an American Citizen.
I am wondering what can I do to stay beyond 6 months in the U.S. and maintaining my legal status. Because I do not want to take the risk of going and coming back and forth to Canada and America. Is there is a way to maintain legal status beyond 6 months of Visa Waiver Program allowance.

Thank you.
Maza

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Again, I-130 being approved does not allow her to file I-485 or do anything else. Only a visa number being available for her category and priority date will allow her to file I-485.

Thank you.
Maza

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Again, I-130 being approved does not allow her to file I-485 or do anything else. Only a visa number being available for her category and priority date will allow her to file I-485.

Thank you for your expert opinion.
Maza

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Again, I-130 being approved does not allow her to file I-485 or do anything else. Only a visa number being available for her category and priority date will allow her to file I-485.

Thank you.
Maza

[inadmissible]

My thinking is she files for i-130 and keeps using VWP to enter and leave as appropriate until it is approved at which point she will be able to file i-485 if she is in the country and stay till she gets AP or Green card.

There is a point at which they will no longer grant her admission on VWP with her pending I-130

Entering on VWP with the intent of adjusting status is - by definition - inappropriate

[newacct]

and since I am Canadian Citizen, I can stay in the U.S for 6 months (under Visa-Waiver Program)

By the way, Canada is NOT part of the Visa Waiver Program. Visitors on the Visa Waiver Program can only visit for 90 days. As a Canadian citizen, you can travel to the US for most nonimmigrant purposes (not only visitor, but also student, work status, etc.) without a visa.