HELP Pls! Adjustment of Status. (Married to US Citizen)

[calgarygirl]

Hi guys, I've been trying to look for information in the forum but nothing too specific to the answer i'm looking for.

About me:

I am a Canadian Citizen about to apply for an Adjustment of Status. I am currently in florida living with my US Citizen husband of almost 2 years. I arrived USA August 15, 2017. It was a last minute decision to change my status as per initial plan to move to Canada but unfortunately lost my job as I'm unable to find a job and it the province where I live has economic downturn...

I have filled up the I485 and I130 Forms

Questions:

1. When should I do the medical exam (I-693)? Can I submit it with I485 and I130 forms?
2. Does USCIS send EAD automatically at some point after they recieve my I485 and I130? OR
3. Do I have to fill up and submit I-131 (For Travel) and I765 (Employment) to be able to Travel and Work while application is pending?


Thank you so much for the response

Alli

[anthoknee]

Hi Alli,

Answering your questions-

1.) You can submit the medical examination documentation with the forms but it's not necessary. I've even heard that the validity of the form can expire before the interview so you are encouraged to schedule the medical exam as soon as you have an interview date. Perhaps someone else can answer this better.

2/3.) No, you will not receive the EAD just on the basis of submitting a Green Card application. You must submit the I-765 if you want the EAD. The filing fee for the I-765 is waived if filed concurrently with the I485. If you do not submit the I-765, you would have to wait until you receive the Green Card to begin legally working.

Hope this helps.

PS- regarding the I-131 for travel (Advance Parole) I believe you are only allowed to travel outside the US with AP if certain conditions are met like a family emergency or a humanitarian need. The AP is not to be used for foreign tourism. Also, the AP allows you to travel outside the US, but there is no guarantee you would be allowed back. US Customs and Border Patrol has the ultimate discretion in who is allowed into the United States at all ports of entry.

[calgarygirl]

Hi Anthoknee..


I appreciate your response.

Does it mean that I'm not permitted to travel outside USA at all during the whole process until I get the green card?
Also, I can for sure apply for AOS right? even tho im on B2? (i didnt get to face an officer coming in, just used machine)

Hi Alli,

Answering your questions-

1.) You can submit the medical examination documentation with the forms but it's not necessary. I've even heard that the validity of the form can expire before the interview so you are encouraged to schedule the medical exam as soon as you have an interview date. Perhaps someone else can answer this better.

2/3.) No, you will not receive the EAD just on the basis of submitting a Green Card application. You must submit the I-765 if you want the EAD. The filing fee for the I-765 is waived if filed concurrently with the I485. If you do not submit the I-765, you would have to wait until you receive the Green Card to begin legally working.

Hope this helps.

PS- regarding the I-131 for travel (Advance Parole) I believe you are only allowed to travel outside the US with AP if certain conditions are met like a family emergency or a humanitarian need. The AP is not to be used for foreign tourism. Also, the AP allows you to travel outside the US, but there is no guarantee you would be allowed back. US Customs and Border Patrol has the ultimate discretion in who is allowed into the United States at all ports of entry.

[anthoknee]

Canadian nationals do not need a B2 visa. They are allowed to enter with the Visa Waiver Program. So, you may not even need to submit the I-130. You may want to call USCIS to confirm this. 1-800-375-5283, once you hear the automated recording, press 1, then 2, then 2, then 2....you will then be transferred to an agent without having to deal with the all the recordings.

As I understand it, nationals from countries that come in under the Visa Waiver Program don't have a visa and therefore Adjustment of Status is not needed. Just file the I-485 with the EAD, the AP, and the Affidavit of Support. Don't quote me on this, call USCIS to confirm.

Regarding your travel question, you are technically allowed to travel outside the US, for very specific purposes only, and only if you have the AP document. However, USCIS makes it very clear in multiple areas of their website that US Customs and Border Patrol has the ultimate discretion at all ports of entry over who is allowed in. So while the AP document states that USCIS is allowing you to leave the country, USCBP still has the ability to deny your reentry.

I am going through immigration proceedings now with my husband who is a foreign national and we have applied for AOS, the I-485, and the EAD. We ultimately decided the AP was just not worth the risk.

[coffeeaddict]

Canadian nationals do not need a B2 visa. They are allowed to enter with the Visa Waiver Program. So, you may not even need to submit the I-130. You may want to call USCIS to confirm this. 1-800-375-5283, once you hear the automated recording, press 1, then 2, then 2, then 2....you will then be transferred to an agent without having to deal with the all the recordings.

As I understand it, nationals from countries that come in under the Visa Waiver Program don't have a visa and therefore Adjustment of Status is not needed. Just file the I-485 with the EAD, the AP, and the Affidavit of Support. Don't quote me on this, call USCIS to confirm.

Regarding your travel question, you are technically allowed to travel outside the US, for very specific purposes only, and only if you have the AP document. However, USCIS makes it very clear in multiple areas of their website that US Customs and Border Patrol has the ultimate discretion at all ports of entry over who is allowed in. So while the AP document states that USCIS is allowing you to leave the country, USCBP still has the ability to deny your reentry.

I am going through immigration proceedings now with my husband who is a foreign national and we have applied for AOS, the I-485, and the EAD. We ultimately decided the AP was just not worth the risk.

I'm a Canadian citizen (born and raised) and my most recent arrival to the US was under B2. I didn't have to go to the consulate or anything like that. CBP at the airport simply stamped my passport and it says "B2" with a expiry date six months after my arrival date. I'd never heard of the VWP until I began researching AoS. The list of countries for VWP on the official Department of State/Bureau of Consular Affairs does NOT include Canada. My husband and I included the latest I-130 for our adjustment package.

[mustang85635]

Canadian nationals do not need a B2 visa. They are allowed to enter with the Visa Waiver Program. So, you may not even need to submit the I-130. You may want to call USCIS to confirm this. 1-800-375-5283, once you hear the automated recording, press 1, then 2, then 2, then 2....you will then be transferred to an agent without having to deal with the all the recordings.

As I understand it, nationals from countries that come in under the Visa Waiver Program don't have a visa and therefore Adjustment of Status is not needed. Just file the I-485 with the EAD, the AP, and the Affidavit of Support. Don't quote me on this, call USCIS to confirm.

Wrong
Canadians have a special agreement with the United States and vice versa. That means that Canadians do not need a visa or a ESTA travel confirmation like the countries that are part of the VWP. They automatically always enter on a B2 visa which is valid for 6 months.
And yes just like any other person on a visa who was duly inspected at a POE can apply for AOS without a problem.

PS: Aliens that entered the country on the VWP do not technically have a visa and cannot adjust status UNLESS they are an immediate relative to a US citizen.
If someone on the VWP wants to adjust status in the country they do it through the same way as everyone else on any kind of visa and its also called AOS.

[mustang85635]

Regarding your travel question, you are technically allowed to travel outside the US, for very specific purposes only, and only if you have the AP document. However, USCIS makes it very clear in multiple areas of their website that US Customs and Border Patrol has the ultimate discretion at all ports of entry over who is allowed in. So while the AP document states that USCIS is allowing you to leave the country, USCBP still has the ability to deny your reentry.

First part is incorrect. Once you receive Advance Parole you can do whatever the hell you want to do. Go eat tacos in mexico for a few hours or do a trip around the world it doesn't matter. The second part is correct. Officers at the POE have ultimate discretion and CAN deny entry but if you are from Canada and have never had problems with CBP before or criminal activity that you haven't disclosed there is no way you would be denied. Even people on DACA who came here illegally travel on AP successfully.

[calgarygirl]

First part is incorrect. Once you receive Advance Parole you can do whatever the hell you want to do. Go eat tacos in mexico for a few hours or do a trip around the world it doesn't matter. The second part is correct. Officers at the POE have ultimate discretion and CAN deny entry but if you are from Canada and have never had problems with CBP before or criminal activity that you haven't disclosed there is no way you would be denied. Even people on DACA who came here illegally travel on AP successfully.

Tanks for the feedback mustang. I don't have travel plans for now. Does it take a while to apply and process Advance Parole if I would need it in the future? I'm thinking of just applying if I would need it...

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I'm a Canadian citizen (born and raised) and my most recent arrival to the US was under B2. I didn't have to go to the consulate or anything like that. CBP at the airport simply stamped my passport and it says "B2" with a expiry date six months after my arrival date. I'd never heard of the VWP until I began researching AoS. The list of countries for VWP on the official Department of State/Bureau of Consular Affairs does NOT include Canada. My husband and I included the latest I-130 for our adjustment package.

Did you do adjustment of status?

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Canadian nationals do not need a B2 visa. They are allowed to enter with the Visa Waiver Program. So, you may not even need to submit the I-130. You may want to call USCIS to confirm this. 1-800-375-5283, once you hear the automated recording, press 1, then 2, then 2, then 2....you will then be transferred to an agent without having to deal with the all the recordings.

As I understand it, nationals from countries that come in under the Visa Waiver Program don't have a visa and therefore Adjustment of Status is not needed. Just file the I-485 with the EAD, the AP, and the Affidavit of Support. Don't quote me on this, call USCIS to confirm.

Regarding your travel question, you are technically allowed to travel outside the US, for very specific purposes only, and only if you have the AP document. However, USCIS makes it very clear in multiple areas of their website that US Customs and Border Patrol has the ultimate discretion at all ports of entry over who is allowed in. So while the AP document states that USCIS is allowing you to leave the country, USCBP still has the ability to deny your reentry.

I am going through immigration proceedings now with my husband who is a foreign national and we have applied for AOS, the I-485, and the EAD. We ultimately decided the AP was just not worth the risk.

My I94 says B2. and we are not part of Visa Waiver Program. Like mustang said, its a special agreement between US and Canada to travel easily between two countries.

THanks for feedback tho. appreciate it! Things got clearer. It's a very tedious process.

[mustang85635]

I would apply for it since its free when you apply concurrently and it is only like two pages to fill out.
Right now to receive EAD/AP Combo Card takes around 3-4 months. There is a huge backlog.
But both can be expedited in case of emergency or job offer.

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Tanks for the feedback mustang. I don't have travel plans for now. Does it take a while to apply and process Advance Parole if I would need it in the future? I'm thinking of just applying if I would need it...

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Did you do adjustment of status?

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My I94 says B2. and we are not part of Visa Waiver Program. Like mustang said, its a special agreement between US and Canada to travel easily between two countries.

THanks for feedback tho. appreciate it! Things got clearer. It's a very tedious process.

I am also doing AOS from B2 fyi But from Germany not Canada

[Walbrzyszanka21]

I would apply for it since its free when you apply concurrently and it is only like two pages to fill out.
Right now to receive EAD/AP Combo Card takes around 3-4 months. There is a huge backlog.
But both can be expedited in case of emergency or job offer.

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I am also doing AOS from B2 fyi But from Germany not Canada

Where did you hear/read that EAD/AP takes 3-4 months? Is it from PD date or bio date?

[anthoknee]

First part is incorrect. Once you receive Advance Parole you can do whatever the hell you want to do. Go eat tacos in mexico for a few hours or do a trip around the world it doesn't matter. The second part is correct. Officers at the POE have ultimate discretion and CAN deny entry but if you are from Canada and have never had problems with CBP before or criminal activity that you haven't disclosed there is no way you would be denied. Even people on DACA who came here illegally travel on AP successfully.

Thanks for clearing that up. It would be great to eat tacos in Mexico. I got that information I provided the OP through the USCIS website, which states, under the instructions for form I-131:

3. Advance Parole Document for Individuals Who Are Currently In the United States

a. If you are in the United States and seek an Advance Parole Document, you may apply if:

(1) You have a pending application to adjust status, Form I-485, and you seek to travel abroad temporarily
for “urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a
personal or family emergency or bona fide business reasons.

According to those instruction, pending I-485 Applicants may seek the I-131 AP to travel abroad for "urgent humanitarian reasons" or "significant public benefit"

Now, these stipulations are rather vague and it could be that in practice USCIS loosely applies them to their applications.

[coffeeaddict]

Did you do adjustment of status?

Yes ma'am. Concurrent filing of I-130/I-1485/Affidavit of Support/EAD/AP. I'm born-and-raised Canadian. I was here in the US on F-1 for a while, during which I met my husband. We weren't ready to get married so I went back to Canada after my F-1 expired and I couldn't get employment sponsorship for a green card. I came back to the US as B2 with the plan of just hanging out with my boyfriend and bringing him to Canada later this year. But then he finally met my parents, who expressed their full support of our relationship (parents are traditional Asians). After this, we decided to get married because we didn't want to risk any more long-distance. Here's a quick snapshot of our timeline:

PD: 08/08 (50 days out)
NOA's received: 08/15
Biometrics completed: 09/06

No updates since then. My I-485 is stuck on "Fingerprint fee received". I am hoping at this point, it means we will receive zero RFE's and that our next notice will be EAD/AP approval followed by our interview date. We'll be working on other financial documents like getting my name on our lease and some bills. Feel free to PM me if you have any questions.

EDIT: I highly highly highly suggest applying for AP anyways. You just NEVER know what might happen that'll require you to return to Canada for a little bit while your AoS is pending. Just get it and if you never use it, that's fine.

[inadmissible]

instructions for form I-131

The instructions lie

Even the form itself instructs you to skip the entire section where you would substantiate your request by providing reasons/destinations for travel (part 4)

"If you are applying for a non-DACA related Advance Parole Document, skip to Part 7; DACA recipients must complete Part 4 before skipping to Part 7"

(Form I-131, page 2)

[calgarygirl]

Yes ma'am. Concurrent filing of I-130/I-1485/Affidavit of Support/EAD/AP. I'm born-and-raised Canadian. I was here in the US on F-1 for a while, during which I met my husband. We weren't ready to get married so I went back to Canada after my F-1 expired and I couldn't get employment sponsorship for a green card. I came back to the US as B2 with the plan of just hanging out with my boyfriend and bringing him to Canada later this year. But then he finally met my parents, who expressed their full support of our relationship (parents are traditional Asians). After this, we decided to get married because we didn't want to risk any more long-distance. Here's a quick snapshot of our timeline:

PD: 08/08 (50 days out)
NOA's received: 08/15
Biometrics completed: 09/06

No updates since then. My I-485 is stuck on "Fingerprint fee received". I am hoping at this point, it means we will receive zero RFE's and that our next notice will be EAD/AP approval followed by our interview date. We'll be working on other financial documents like getting my name on our lease and some bills. Feel free to PM me if you have any questions.

EDIT: I highly highly highly suggest applying for AP anyways. You just NEVER know what might happen that'll require you to return to Canada for a little bit while your AoS is pending. Just get it and if you never use it, that's fine.

Can I bother you with few more questions haha. Sorry!. I'm just so lost with all the forms we have to submit..

So basically with concurrent filing. We'd have to submit

1. Form I485
2. Form I-130 from my husband
3. Form I131 Travel?
4. Form for Affidavit of Support
5. Form I765 Employment

and how about medicals? when do we have to do it?

What is RFE and what is EAD again? Waaa.

Thank you for your response.

[calgarygirl]

I would apply for it since its free when you apply concurrently and it is only like two pages to fill out.
Right now to receive EAD/AP Combo Card takes around 3-4 months. There is a huge backlog.
But both can be expedited in case of emergency or job offer.

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I am also doing AOS from B2 fyi But from Germany not Canada

So i had this asusmption that this EAD/AP Card is automatically given after 3 months.. but i guess i was wrong. so technically they wont send you one unless you apply for it right?