You're right -- COS means Change of Status. EOS means Extension of Stay. Basically, you are not permitted to change your status to another non-immigrant
visa status or extend your present non-immigrant
status without leaving the US. It does not affect what options might be available to you if you are seeking an immigrant
visa. I see three possibilities for you, two of which would require leaving the US.
The first is traditional "consular processing" of a family-based immigrant visa
petition. Your husband would file an immediate relative petition (USCIS form I-130) and ask that it be processed by a US consulate
in Canada. Upon approval of the petition and the other related visa forms (the affidavit of support and paying the visa "fee bill") you be given an immigrant visa and would be a permanent resident ("green card
" holder) as soon as you're admitted back into the US. Total time outside the US varies but expect several months at least.
Another option is the K-3 spouse of US citizen visa. Although technically a non-immigrant visa, it permits the beneficiary to enter the US and await green card processing inside the US rather than outside. It would also take several months outside the US before the K-3 would go through, and then would have to apply for a green card here through a process called "adjustment of status" (meaning, change from your non-immigrant K-3 to an immigrant green card status).
A third option that is possible, though I would be careful here, is to not leave, and file the alien relative petition concurrently with an adjustment application (both forms I-130 and I-485
) and ride it out here. Technically, you would be out of status as soon as your current non-immigrant status expires in January. This isn't as dire as it sounds. Immediate relatives of US citizens, which includes their spouses, are permitted to adjust status even if they are out of status or have worked without authorization so long as they actually entered the country legally. There are many requirements to adjusting status and I would encourage you to review all of them with an experienced immigration
attorney before deciding to go this route. But the short answer is that even people out of status can get green cards by marriage to a US citizen. I've processed many of these applications successfully. There are risks, however. If your application is denied for whatever reason, which may take a year or so to find out, you would be considered out of status back to January of 2009. This can triggers some difficult consequences including the dreaded "3 and 10 year bars" on re-entry.
I hope this answer satisfies your question and you find the three options helpful. I do encourage you to consult with an immigration attorney to explore each in greater detail.