Sending AOS concurrent with I-130

[bassagitator 1]

I'm a little unclear who's writing here: the Canadian wife or the USC husband? Who does not have a passport yet? If it's the Canadian wife, then how did you enter the US? If it's the USC husband, then including a copy of your birth certificate should be enough.

I assume that you are aware that, regardless of whether you have an AP or not, if you leave the US after overstaying, this will trigger a ban on re-entry, depending on how long the overstay. If you overstayed, then stay put here until the application is adjudicated.

Also I want to apply for a I-131. But I don't have a date that I am wanting to leave the states. I only want it in case there is an emergency that I need to go back for. So what date do I put on it? Can I simply Put "UNKNOWN" will that be acceptable. Just put an approximate dateAlso I don't have a passprt as of yet, so I cannot include copies of it, is this going to be ok? And what do I put for "explanation of Elgibility"? Can someone shed some ideas on the above please?

This is all that I am going to be sending for my I-131

I-131

Explanation for Eligibility on a separate sheet

1-131 form

2 passport photos

Explanation for I-131 looks good. Weigh your choices though as to whether to use the AP or not.

This is what I am including for Explanation of elgibility is this ok?

My wife entered as a visitor, prior to 2003. She was not required to show her passport, nor was she required to get a passport. She simply showed her drivers liscense, and was admitted as a visitor. And has been here ever since.

[carolinek 0]

I'm a little unclear who's writing here: the Canadian wife or the USC husband? Who does not have a passport yet? If it's the Canadian wife, then how did you enter the US? If it's the USC husband, then including a copy of your birth certificate should be enough.

I assume that you are aware that, regardless of whether you have an AP or not, if you leave the US after overstaying, this will trigger a ban on re-entry, depending on how long the overstay. If you overstayed, then stay put here until the application is adjudicated.

Also I want to apply for a I-131. But I don't have a date that I am wanting to leave the states. I only want it in case there is an emergency that I need to go back for. So what date do I put on it? Can I simply Put "UNKNOWN" will that be acceptable. Just put an approximate dateAlso I don't have a passprt as of yet, so I cannot include copies of it, is this going to be ok? And what do I put for "explanation of Elgibility"? Can someone shed some ideas on the above please?

This is all that I am going to be sending for my I-131

I-131

Explanation for Eligibility on a separate sheet

1-131 form

2 passport photos

Explanation for I-131 looks good. Weigh your choices though as to whether to use the AP or not.

This is what I am including for Explanation of elgibility is this ok?

My wife entered as a visitor, prior to 2003. She was not required to show her passport, nor was she required to get a passport. She simply showed her drivers liscense, and was admitted as a visitor. And has been here ever since.

If I recall correctly, Canadians entering without visas are supposed to stay no longer than 6 months (per visit or per calendar year, whichever comes first) -- overstaying and then adjusting status could be troublesome/dangerous. Have you consulted an immigration attorney?

[bassagitator 1]

Anyone else????

[pushbrk 13,531]

Anyone else????

Clearly, she didn't enter with the intent to marry and use the marriage to adjust status. As such, she can count on the US policy to forgive overstays when married to a US Citizen.

[Steph0814 1]

My apologies.

I have seen A LOT of people doing this on VJ, sorry about that.

If you have any additional questions you can PM me....

Suggesting a private conversation to have questions answered is inappropriate.

[bassagitator 1]

Anyone else????

Clearly, she didn't enter with the intent to marry and use the marriage to adjust status. As such, she can count on the US policy to forgive overstays when married to a US Citizen.

Thank you! So we should be fine then right?? So should I not bother filing the I-131? Or file it, and just ope for the best?

Edited May 3, 2008 by bassagitator

[bassagitator 1]

please see comments in bold below

Can you all look over this and tell me If I am missing anything please. I am filing adjustment of status concurrent with I-130 for my wife, who is a Canadian Citizen.

I-130

- Payment in the amount of $355.00

- I-130 Petition for Alien Relative

- G-325A and passport style photo (Me)

- G-325A and passport style photo (Wife)

- Copy of Birth certificate (ME) wouldn't hurt to include a copy of your passport

- Copy of Birth Certificate (Wife) ditto... a copy of your wife's passport

- A Copy of Divorce Decree (Me)

- Certified Copy of Marriage License between me and wife. I assume you mean the marriage certificate, not license

- Affidavit from Friend

- Affidavit from Daughter

- Voided Check Proof of Bonifide Marriage

- Copy of Bank Statement joint account, I assume

If you have them, also include joint leases, joint tax returns, joint insurance and such

I-485

- Payment in the amount of $1010.00

- I-485 Adjustment of Status

- Copy of Birth Certificate (for wife)

- Copy of Marriage License between Me and spouse

- A Copy of Divorce Decree (Mine, since I was previously married) not sure if this is needed here, as this is your wife's application, but I could be wrong, confirm with I-485 instructions

- 2 passport photos for Wife for 325A

- G-325A (For wife)

- I-683 Medical Exam in SEALED envelope for For wife also including I-693a vaccination supplement

- I-864 Affidavit of support from Me

- Copies of Tax returns for 2007 and 2006 (for I-864) if you're adding 2006 tax return, might as well include 2005, since they ask either for 1 year o3 3 years of returns

- W2’S for 2006, 2007 tax returns. (for I-864)

- I-765 Application to accept work

- 2 Passport photos of wife for I-765 application

need to add copy of wife's passport and evidence of admission into US. Since she's Canadian, I assume she entered on the VWP, but there still should be some kind of evidence in her passport (i.e. stamp) showing that she has been lawfully admitted/inspected upon her last entry.

Best of luck.

She doesn't have a passport, and neither do I. She entered the states in Decmeber of 2002, and was only asked to show her drivers license. She was not required to show anything else. And no stamp was provided, nor did she recieve any peice of paper.

[sweetpiano 0]

She doesn't have a passport, and neither do I. She entered the states in Decmeber of 2002, and was only asked to show her drivers license. She was not required to show anything else. And no stamp was provided, nor did she recieve any peice of paper.

I understand. Providing your birth certificates should be fine in the absence of passports. I am at a loss though as to what could be presented as evidence of your wife's admission into US. To be honest, given your wife's lengthy overstay, I would consult a lawyer. Initial consultations are not very expensive (100-200$, I hear) and can be conducted on the phone. Look into www.murthy.com or start with the AILA website to locate an accredited lawyer. Someone wrote before: "Never base a life-important decision on what people say on forums". I would strongly advise to seek legal counsel.

As far as the I-131 is concerned, you can still apply (it's free with the I-485 after all), but it does not guarantee re-admission into the US (as indicated in the associated instructions).

[Steph0814 1]

I had some concerns early on about that as well as I had come through once on my drivers license and my canadian passport and both times they had not stamped me and I had to go to the local office here to get a I94 (however I believe they don't do that anymore).

When I went for my infopass to ask about it, I spoke with 2 IO's because I was so concerned about it And both of them said that it's not a big concern and that I shouldnt worry just note the Point of Entry and state that they had not stamped me. But then again I had a passport.

How is it that she does not have a passport if she has been coming in and out of Canada?

I am quite certain you should get some legal counsel.

There are a few things that you would need get counsel on, this forum is AWESOME for general questions. However for the magnitude of this and what it could mean for you and your wife you may want to get legal help.

ALL THE BEST!!

please see comments in bold below

Can you all look over this and tell me If I am missing anything please. I am filing adjustment of status concurrent with I-130 for my wife, who is a Canadian Citizen.

I-130

- Payment in the amount of $355.00

- I-130 Petition for Alien Relative

- G-325A and passport style photo (Me)

- G-325A and passport style photo (Wife)

- Copy of Birth certificate (ME) wouldn't hurt to include a copy of your passport

- Copy of Birth Certificate (Wife) ditto... a copy of your wife's passport

- A Copy of Divorce Decree (Me)

- Certified Copy of Marriage License between me and wife. I assume you mean the marriage certificate, not license

- Affidavit from Friend

- Affidavit from Daughter

- Voided Check Proof of Bonifide Marriage

- Copy of Bank Statement joint account, I assume

If you have them, also include joint leases, joint tax returns, joint insurance and such

I-485

- Payment in the amount of $1010.00

- I-485 Adjustment of Status

- Copy of Birth Certificate (for wife)

- Copy of Marriage License between Me and spouse

- A Copy of Divorce Decree (Mine, since I was previously married) not sure if this is needed here, as this is your wife's application, but I could be wrong, confirm with I-485 instructions

- 2 passport photos for Wife for 325A

- G-325A (For wife)

- I-683 Medical Exam in SEALED envelope for For wife also including I-693a vaccination supplement

- I-864 Affidavit of support from Me

- Copies of Tax returns for 2007 and 2006 (for I-864) if you're adding 2006 tax return, might as well include 2005, since they ask either for 1 year o3 3 years of returns

- W2’S for 2006, 2007 tax returns. (for I-864)

- I-765 Application to accept work

- 2 Passport photos of wife for I-765 application

need to add copy of wife's passport and evidence of admission into US. Since she's Canadian, I assume she entered on the VWP, but there still should be some kind of evidence in her passport (i.e. stamp) showing that she has been lawfully admitted/inspected upon her last entry.

Best of luck.

She doesn't have a passport, and neither do I. She entered the states in Decmeber of 2002, and was only asked to show her drivers license. She was not required to show anything else. And no stamp was provided, nor did she recieve any peice of paper.

[LaL 418]

She doesn't have a passport, and neither do I. She entered the states in Decmeber of 2002, and was only asked to show her drivers license. She was not required to show anything else. And no stamp was provided, nor did she recieve any peice of paper.

Best suggestion based on this snippet of information - you need to seek competant legal counsel before you send that off.

[bassagitator 1]

I had some concerns early on about that as well as I had come through once on my drivers license and my canadian passport and both times they had not stamped me and I had to go to the local office here to get a I94 (however I believe they don't do that anymore).

When I went for my infopass to ask about it, I spoke with 2 IO's because I was so concerned about it And both of them said that it's not a big concern and that I shouldnt worry just note the Point of Entry and state that they had not stamped me. But then again I had a passport.

How is it that she does not have a passport if she has been coming in and out of Canada?

I am quite certain you should get some legal counsel.

There are a few things that you would need get counsel on, this forum is AWESOME for general questions. However for the magnitude of this and what it could mean for you and your wife you may want to get legal help.

ALL THE BEST!!

please see comments in bold below

Can you all look over this and tell me If I am missing anything please. I am filing adjustment of status concurrent with I-130 for my wife, who is a Canadian Citizen.

I-130

- Payment in the amount of $355.00

- I-130 Petition for Alien Relative

- G-325A and passport style photo (Me)

- G-325A and passport style photo (Wife)

- Copy of Birth certificate (ME) wouldn't hurt to include a copy of your passport

- Copy of Birth Certificate (Wife) ditto... a copy of your wife's passport

- A Copy of Divorce Decree (Me)

- Certified Copy of Marriage License between me and wife. I assume you mean the marriage certificate, not license

- Affidavit from Friend

- Affidavit from Daughter

- Voided Check Proof of Bonifide Marriage

- Copy of Bank Statement joint account, I assume

If you have them, also include joint leases, joint tax returns, joint insurance and such

I-485

- Payment in the amount of $1010.00

- I-485 Adjustment of Status

- Copy of Birth Certificate (for wife)

- Copy of Marriage License between Me and spouse

- A Copy of Divorce Decree (Mine, since I was previously married) not sure if this is needed here, as this is your wife's application, but I could be wrong, confirm with I-485 instructions

- 2 passport photos for Wife for 325A

- G-325A (For wife)

- I-683 Medical Exam in SEALED envelope for For wife also including I-693a vaccination supplement

- I-864 Affidavit of support from Me

- Copies of Tax returns for 2007 and 2006 (for I-864) if you're adding 2006 tax return, might as well include 2005, since they ask either for 1 year o3 3 years of returns

- W2’S for 2006, 2007 tax returns. (for I-864)

- I-765 Application to accept work

- 2 Passport photos of wife for I-765 application

need to add copy of wife's passport and evidence of admission into US. Since she's Canadian, I assume she entered on the VWP, but there still should be some kind of evidence in her passport (i.e. stamp) showing that she has been lawfully admitted/inspected upon her last entry.

Best of luck.

She doesn't have a passport, and neither do I. She entered the states in Decmeber of 2002, and was only asked to show her drivers license. She was not required to show anything else. And no stamp was provided, nor did she recieve any peice of paper.

She has only entered the states from Canada Once, and that was in 2002. And has been here ever since. So when she entered she was only required to show a drivers lisence to get across the border the one time. And she has not used or required a passport since.

[LaL 418]

As far as the I-131 is concerned, you can still apply (it's free with the I-485 after all), but it does not guarantee re-admission into the US (as indicated in the associated instructions).

True - I would caution against using the AP at all since there is an overstay involved. I believe we have had one member not have difficulty with an overstay & using the AP, but you need legal advice on that. Secondly- if she goes back - will she be getting a passport in the near future?

[bassagitator 1]

As far as the I-131 is concerned, you can still apply (it's free with the I-485 after all), but it does not guarantee re-admission into the US (as indicated in the associated instructions).

True - I would caution against using the AP at all since there is an overstay involved. I believe we have had one member not have difficulty with an overstay & using the AP, but you need legal advice on that. Secondly- if she goes back - will she be getting a passport in the near future?

We are going to apply for her Canadian passport.. But Can I send all the forms into immigration, and then at the meeting bring her passport with us??? Or do I need to wait 6-8 weeks to get her passport back, and then send in the paperwork for the I-485 and I- 130??