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

Originally posted by 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?



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

Originally posted by 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.


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


Originally posted by 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.

Folinskyinla

Originally posted by 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?


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

Originally posted by 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


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

Originally posted by 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"?


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

Originally posted by AlisonPA
    > Why has it taken so
long to get all your AOS applications together?

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

Originally posted by 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?

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.