Question about AOS process

[kikkilee 0]

Hey everyone, I've spent some time looking at your website, and thought it would be a good time to possibly get some guidance. My husband is Canadian, I am a U.S. citizen. We got married in May 08, he's been in the states since Nov 07. He didnt come on any visa, didn't fill out any forms, just a regular inspection on the train. We hired an immigration lawyer to handle the paperwork for him a week or so after we married. As of Nov 08, our lawyer did NOTHING with our case. So he returned our money, and now we are doing the papers ourselves. We already had a medical exam done, so we don't need that but here are my questions. 1. Is it true that there is no fee for the I-765 form (EAD) if you file it with the I-485? Also, he has been here over a year now, is it considered an overstay?...Is it possible grounds for denial? I read on a forum, not this one, that once the paperwork goes through, because he came here legally, and we married legally, the overstay will be forgiven. Our lawyer really screwed us because we were under the impression our case was being worked on. 5 months down the drain but we are getting through it. My last question is I also read that in 90 days, he will get a temporary work permit which will allow him to work. Can someone please confirm this, everytime i call the USCIS with these questions, but I get different answers depending on who i get on the phone. Thank you so much for all your help, I love this site, and will be posting my progress as it happens.

1. no fee with I-765/I-485

2. Overstay forgiven

3. work permit in 90 days

Thanks again

~~Chrissy~~

[payxibka 10,048]

1) I-485 fee is inclusive for the I-765

2) Almost always...

3) that is what the I-765 provides when adjudicated (90 days is typical but not guaranteed)

You will also need an I-130 petition... separate fee but submitted concurrently with the I-485/et al.....

Edited December 2, 2008 by payxibka

[keweul 1]

Hey everyone, I've spent some time looking at your website, and thought it would be a good time to possibly get some guidance. My husband is Canadian, I am a U.S. citizen. We got married in May 08, he's been in the states since Nov 07. He didnt come on any visa, didn't fill out any forms, just a regular inspection on the train. We hired an immigration lawyer to handle the paperwork for him a week or so after we married. As of Nov 08, our lawyer did NOTHING with our case. So he returned our money, and now we are doing the papers ourselves. We already had a medical exam done, so we don't need that but here are my questions. 1. Is it true that there is no fee for the I-765 form (EAD) if you file it with the I-485? Also, he has been here over a year now, is it considered an overstay?...Is it possible grounds for denial? I read on a forum, not this one, that once the paperwork goes through, because he came here legally, and we married legally, the overstay will be forgiven. Our lawyer really screwed us because we were under the impression our case was being worked on. 5 months down the drain but we are getting through it. My last question is I also read that in 90 days, he will get a temporary work permit which will allow him to work. Can someone please confirm this, everytime i call the USCIS with these questions, but I get different answers depending on who i get on the phone. Thank you so much for all your help, I love this site, and will be posting my progress as it happens.

1. no fee with I-765/I-485

2. Overstay forgiven

3. work permit in 90 days

Thanks again

~~Chrissy~~

1. As long as you file I-1485 together with I-765 there's no fee...you have to also file I-130 (petition for alien relative) along with the other 2 forms... AOS package is $1010 (I485 & I765); I 130 is $355

2. Overstay will be forgiven

3. In most cases work permit will be issued in 75-90 days.. (some took a little longer some less, you can never tell with USCIS) but rule of thumb is 75-90 days...

GOODLUCK

[Canadianmade 1]

Hey everyone, I've spent some time looking at your website, and thought it would be a good time to possibly get some guidance. My husband is Canadian, I am a U.S. citizen. We got married in May 08, he's been in the states since Nov 07. He didnt come on any visa, didn't fill out any forms, just a regular inspection on the train. We hired an immigration lawyer to handle the paperwork for him a week or so after we married. As of Nov 08, our lawyer did NOTHING with our case. So he returned our money, and now we are doing the papers ourselves. We already had a medical exam done, so we don't need that but here are my questions. 1. Is it true that there is no fee for the I-765 form (EAD) if you file it with the I-485? Also, he has been here over a year now, is it considered an overstay?...Is it possible grounds for denial? I read on a forum, not this one, that once the paperwork goes through, because he came here legally, and we married legally, the overstay will be forgiven. Our lawyer really screwed us because we were under the impression our case was being worked on. 5 months down the drain but we are getting through it. My last question is I also read that in 90 days, he will get a temporary work permit which will allow him to work. Can someone please confirm this, everytime i call the USCIS with these questions, but I get different answers depending on who i get on the phone. Thank you so much for all your help, I love this site, and will be posting my progress as it happens.

1. no fee with I-765/I-485

2. Overstay forgiven

3. work permit in 90 days

Thanks again

~~Chrissy~~

Hi Crissy welcome to VJ, and you have definately come to the right place to ask for advice as everyone in here is very knowledable and nice. Your story sounds very similar to our story, I got married to my lovely USC wife in May 08 as well and I came to the US as a visitor, as I am Canadian as well. Before all of the immigration stuff, we both didnt know much about the process, but you sure do learn about it as you go along. We had no plans to get married, it was spur of the moment. We didnt file for my AOS for a few months due to financial reasons. as its very expenisive. We did do a consulation with a lawyer to ask questions about the AOS process and to ask about minor details such as my travels back and forth from the US to Canada. The lawyer said, I would have no problems filing and we went ahead and did it ourselves. It is overwhelming and confusing at first to understand how to fill out the forms and what have to do, but it wasnt as hard as we thought it would be, but its morely just compling and organizing and putting the necessary documents together. We are glad we did it on our own as it is a waste of money to use a lawyer because you would have to gather all the documents and evidence anyways. We filed in the last week of October and so far so good. I am now playing the waiting game. I did not apply for A/P as my status was declared as out of status, but I did apply for an EAD. I am sorry to hear about your experience with your lawyer and that is the main reason we were against relying on a lawyer as not all are like that, but just having something being in the hands of someone else is nerve wrecking. Just make sure you read the instructions very closely and clearly and re-read the instructions again if you have too. Ask questions here, if you dont understand something, we are here to help. Your husband should be fine and did you guys plan to get married when he last crossed into the US? Since he is married to you now, an overstay is forgiven. You have to pay $1365 for I-130, I-485, I-693, I-864 and the I-765 is free and considered optional if you want to apply for it. Make sure, this is important, he needs to order the long form birth certificate, not the card one, it is not accepted. You need to get 6 passport pics of him and 1 or 2 of you, make sure they are passport specifications. Dont apply for an A/P because since hes considered an overstayer, it wouldnt be wise for him to use the A/P as it doesnt gurantee that he will be allowed back in the US and most likey he would be denied entry back to the US if he attempted to go back and visit. I was debating about filing for an AP, but the lawyer told me it was not a good idea. I would advice him if he wants to visit Canada, to wait until he gets his green card. Yes it is true, USCIS has to give him an EAD in 90 days. USCIS are so useless and so rude, you would have a better chance to see god than to get answers from the customer reps. I hope I answered your questions and good luck to you guys.

[kikkilee 0]

Hey everyone, I've spent some time looking at your website, and thought it would be a good time to possibly get some guidance. My husband is Canadian, I am a U.S. citizen. We got married in May 08, he's been in the states since Nov 07. He didnt come on any visa, didn't fill out any forms, just a regular inspection on the train. We hired an immigration lawyer to handle the paperwork for him a week or so after we married. As of Nov 08, our lawyer did NOTHING with our case. So he returned our money, and now we are doing the papers ourselves. We already had a medical exam done, so we don't need that but here are my questions. 1. Is it true that there is no fee for the I-765 form (EAD) if you file it with the I-485? Also, he has been here over a year now, is it considered an overstay?...Is it possible grounds for denial? I read on a forum, not this one, that once the paperwork goes through, because he came here legally, and we married legally, the overstay will be forgiven. Our lawyer really screwed us because we were under the impression our case was being worked on. 5 months down the drain but we are getting through it. My last question is I also read that in 90 days, he will get a temporary work permit which will allow him to work. Can someone please confirm this, everytime i call the USCIS with these questions, but I get different answers depending on who i get on the phone. Thank you so much for all your help, I love this site, and will be posting my progress as it happens.

1. no fee with I-765/I-485

2. Overstay forgiven

3. work permit in 90 days

Thanks again

~~Chrissy~~

Hi Crissy welcome to VJ, and you have definately come to the right place to ask for advice as everyone in here is very knowledable and nice. Your story sounds very similar to our story, I got married to my lovely USC wife in May 08 as well and I came to the US as a visitor, as I am Canadian as well. Before all of the immigration stuff, we both didnt know much about the process, but you sure do learn about it as you go along. We had no plans to get married, it was spur of the moment. We didnt file for my AOS for a few months due to financial reasons. as its very expenisive. We did do a consulation with a lawyer to ask questions about the AOS process and to ask about minor details such as my travels back and forth from the US to Canada. The lawyer said, I would have no problems filing and we went ahead and did it ourselves. It is overwhelming and confusing at first to understand how to fill out the forms and what have to do, but it wasnt as hard as we thought it would be, but its morely just compling and organizing and putting the necessary documents together. We are glad we did it on our own as it is a waste of money to use a lawyer because you would have to gather all the documents and evidence anyways. We filed in the last week of October and so far so good. I am now playing the waiting game. I did not apply for A/P as my status was declared as out of status, but I did apply for an EAD. I am sorry to hear about your experience with your lawyer and that is the main reason we were against relying on a lawyer as not all are like that, but just having something being in the hands of someone else is nerve wrecking. Just make sure you read the instructions very closely and clearly and re-read the instructions again if you have too. Ask questions here, if you dont understand something, we are here to help. Your husband should be fine and did you guys plan to get married when he last crossed into the US? Since he is married to you now, an overstay is forgiven. You have to pay $1365 for I-130, I-485, I-693, I-864 and the I-765 is free and considered optional if you want to apply for it. Make sure, this is important, he needs to order the long form birth certificate, not the card one, it is not accepted. You need to get 6 passport pics of him and 1 or 2 of you, make sure they are passport specifications. Dont apply for an A/P because since hes considered an overstayer, it wouldnt be wise for him to use the A/P as it doesnt gurantee that he will be allowed back in the US and most likey he would be denied entry back to the US if he attempted to go back and visit. I was debating about filing for an AP, but the lawyer told me it was not a good idea. I would advice him if he wants to visit Canada, to wait until he gets his green card. Yes it is true, USCIS has to give him an EAD in 90 days. USCIS are so useless and so rude, you would have a better chance to see god than to get answers from the customer reps. I hope I answered your questions and good luck to you guys.

Thank you guys so much for the info. Much appreciated. Thanks Canadianmade, my husband enjoyed your post, a nice connection to home. Is it possible to obtain his long form BC from the U.S.? Also, I saw in your post something about an A/P and form I-693. I'm assuming the I-693 is the medical exam document. We had our exam done by a civil surgeon, it is in a sealed envelope. The woman I spoke with from USCIS told me to include that envelope with the rest of the paperwork, but didn't mention filling out the I-693. The forms I was told to fill out were: for me, the G-325, I-130, and I-864. For my husband, the G-325, I-764, I-485, and I-131. She told me to fill out the travel documents as well. What exactly is the A/P? I'm assuming you're referring to the travel documents.

We plan to do our paperwork this weekend. I'll bring any questions I have here I'm sure...Thanks again!!

~~Chrissy~~

[jhunjhun 7]

Hey everyone, I've spent some time looking at your website, and thought it would be a good time to possibly get some guidance. My husband is Canadian, I am a U.S. citizen. We got married in May 08, he's been in the states since Nov 07. He didnt come on any visa, didn't fill out any forms, just a regular inspection on the train. We hired an immigration lawyer to handle the paperwork for him a week or so after we married. As of Nov 08, our lawyer did NOTHING with our case. So he returned our money, and now we are doing the papers ourselves. We already had a medical exam done, so we don't need that but here are my questions. 1. Is it true that there is no fee for the I-765 form (EAD) if you file it with the I-485? Also, he has been here over a year now, is it considered an overstay?...Is it possible grounds for denial? I read on a forum, not this one, that once the paperwork goes through, because he came here legally, and we married legally, the overstay will be forgiven. Our lawyer really screwed us because we were under the impression our case was being worked on. 5 months down the drain but we are getting through it. My last question is I also read that in 90 days, he will get a temporary work permit which will allow him to work. Can someone please confirm this, everytime i call the USCIS with these questions, but I get different answers depending on who i get on the phone. Thank you so much for all your help, I love this site, and will be posting my progress as it happens.

1. no fee with I-765/I-485

2. Overstay forgiven

3. work permit in 90 days

Thanks again

~~Chrissy~~

Hi Crissy welcome to VJ, and you have definately come to the right place to ask for advice as everyone in here is very knowledable and nice. Your story sounds very similar to our story, I got married to my lovely USC wife in May 08 as well and I came to the US as a visitor, as I am Canadian as well. Before all of the immigration stuff, we both didnt know much about the process, but you sure do learn about it as you go along. We had no plans to get married, it was spur of the moment. We didnt file for my AOS for a few months due to financial reasons. as its very expenisive. We did do a consulation with a lawyer to ask questions about the AOS process and to ask about minor details such as my travels back and forth from the US to Canada. The lawyer said, I would have no problems filing and we went ahead and did it ourselves. It is overwhelming and confusing at first to understand how to fill out the forms and what have to do, but it wasnt as hard as we thought it would be, but its morely just compling and organizing and putting the necessary documents together. We are glad we did it on our own as it is a waste of money to use a lawyer because you would have to gather all the documents and evidence anyways. We filed in the last week of October and so far so good. I am now playing the waiting game. I did not apply for A/P as my status was declared as out of status, but I did apply for an EAD. I am sorry to hear about your experience with your lawyer and that is the main reason we were against relying on a lawyer as not all are like that, but just having something being in the hands of someone else is nerve wrecking. Just make sure you read the instructions very closely and clearly and re-read the instructions again if you have too. Ask questions here, if you dont understand something, we are here to help. Your husband should be fine and did you guys plan to get married when he last crossed into the US? Since he is married to you now, an overstay is forgiven. You have to pay $1365 for I-130, I-485, I-693, I-864 and the I-765 is free and considered optional if you want to apply for it. Make sure, this is important, he needs to order the long form birth certificate, not the card one, it is not accepted. You need to get 6 passport pics of him and 1 or 2 of you, make sure they are passport specifications. Dont apply for an A/P because since hes considered an overstayer, it wouldnt be wise for him to use the A/P as it doesnt gurantee that he will be allowed back in the US and most likey he would be denied entry back to the US if he attempted to go back and visit. I was debating about filing for an AP, but the lawyer told me it was not a good idea. I would advice him if he wants to visit Canada, to wait until he gets his green card. Yes it is true, USCIS has to give him an EAD in 90 days. USCIS are so useless and so rude, you would have a better chance to see god than to get answers from the customer reps. I hope I answered your questions and good luck to you guys.

Hello Canadianmade, thanks for bringing up the AP. I was wondering, I applied for AP document. I came here in the mid of July as a visitor and got married (no intention to migrate) and mailed out my AOS on the mid of Nov. I just received my NOAs yesterday including for AP. Do you think I'm in trouble 'coz I applied for AP doc? I'm counting my days of stay here in USA since I came here and my stay will expires on mid of January...I counted all the days and my length of stay which is less than 180 days...do you think i'm still in a good hands?

Edited December 2, 2008 by jhunjhun

[Canadianmade 1]

Hey everyone, I've spent some time looking at your website, and thought it would be a good time to possibly get some guidance. My husband is Canadian, I am a U.S. citizen. We got married in May 08, he's been in the states since Nov 07. He didnt come on any visa, didn't fill out any forms, just a regular inspection on the train. We hired an immigration lawyer to handle the paperwork for him a week or so after we married. As of Nov 08, our lawyer did NOTHING with our case. So he returned our money, and now we are doing the papers ourselves. We already had a medical exam done, so we don't need that but here are my questions. 1. Is it true that there is no fee for the I-765 form (EAD) if you file it with the I-485? Also, he has been here over a year now, is it considered an overstay?...Is it possible grounds for denial? I read on a forum, not this one, that once the paperwork goes through, because he came here legally, and we married legally, the overstay will be forgiven. Our lawyer really screwed us because we were under the impression our case was being worked on. 5 months down the drain but we are getting through it. My last question is I also read that in 90 days, he will get a temporary work permit which will allow him to work. Can someone please confirm this, everytime i call the USCIS with these questions, but I get different answers depending on who i get on the phone. Thank you so much for all your help, I love this site, and will be posting my progress as it happens.

1. no fee with I-765/I-485

2. Overstay forgiven

3. work permit in 90 days

Thanks again

~~Chrissy~~

Hi Crissy welcome to VJ, and you have definately come to the right place to ask for advice as everyone in here is very knowledable and nice. Your story sounds very similar to our story, I got married to my lovely USC wife in May 08 as well and I came to the US as a visitor, as I am Canadian as well. Before all of the immigration stuff, we both didnt know much about the process, but you sure do learn about it as you go along. We had no plans to get married, it was spur of the moment. We didnt file for my AOS for a few months due to financial reasons. as its very expenisive. We did do a consulation with a lawyer to ask questions about the AOS process and to ask about minor details such as my travels back and forth from the US to Canada. The lawyer said, I would have no problems filing and we went ahead and did it ourselves. It is overwhelming and confusing at first to understand how to fill out the forms and what have to do, but it wasnt as hard as we thought it would be, but its morely just compling and organizing and putting the necessary documents together. We are glad we did it on our own as it is a waste of money to use a lawyer because you would have to gather all the documents and evidence anyways. We filed in the last week of October and so far so good. I am now playing the waiting game. I did not apply for A/P as my status was declared as out of status, but I did apply for an EAD. I am sorry to hear about your experience with your lawyer and that is the main reason we were against relying on a lawyer as not all are like that, but just having something being in the hands of someone else is nerve wrecking. Just make sure you read the instructions very closely and clearly and re-read the instructions again if you have too. Ask questions here, if you dont understand something, we are here to help. Your husband should be fine and did you guys plan to get married when he last crossed into the US? Since he is married to you now, an overstay is forgiven. You have to pay $1365 for I-130, I-485, I-693, I-864 and the I-765 is free and considered optional if you want to apply for it. Make sure, this is important, he needs to order the long form birth certificate, not the card one, it is not accepted. You need to get 6 passport pics of him and 1 or 2 of you, make sure they are passport specifications. Dont apply for an A/P because since hes considered an overstayer, it wouldnt be wise for him to use the A/P as it doesnt gurantee that he will be allowed back in the US and most likey he would be denied entry back to the US if he attempted to go back and visit. I was debating about filing for an AP, but the lawyer told me it was not a good idea. I would advice him if he wants to visit Canada, to wait until he gets his green card. Yes it is true, USCIS has to give him an EAD in 90 days. USCIS are so useless and so rude, you would have a better chance to see god than to get answers from the customer reps. I hope I answered your questions and good luck to you guys.

Thank you guys so much for the info. Much appreciated. Thanks Canadianmade, my husband enjoyed your post, a nice connection to home. Is it possible to obtain his long form BC from the U.S.? Also, I saw in your post something about an A/P and form I-693. I'm assuming the I-693 is the medical exam document. We had our exam done by a civil surgeon, it is in a sealed envelope. The woman I spoke with from USCIS told me to include that envelope with the rest of the paperwork, but didn't mention filling out the I-693. The forms I was told to fill out were: for me, the G-325, I-130, and I-864. For my husband, the G-325, I-764, I-485, and I-131. She told me to fill out the travel documents as well. What exactly is the A/P? I'm assuming you're referring to the travel documents.

We plan to do our paperwork this weekend. I'll bring any questions I have here I'm sure...Thanks again!!

~~Chrissy~~

Hi Crissy your welcome, I am glad your husband enjoyed the post and tell my fellow Canadian hello. Aww so hes from BC huh? Well I am from Ontario to be exact from Toronto. Yes it is possible to obtain his long form birth certificate online, just google it and type in BC birth certificate, and make sure you apply for the long form. Yes the I-693 is the medical exam document. I printed the medical form and brought it with me for them to fill out and they also give you an envelope that you are not suppose to open, only for USCIS. You only fill out your name, address etc, it will tell you what to fill out and the rest of the info, the civil surgeon fills out. Yes you definately have to attach the envelope with the I-693 form. Oh yes you must do the G-325A form, my bad for not mentioning it in the eariler post. So you will have to fill out, I-130, I-485, I-693, I-864, I-765 and G-325A. The AP is the travel document, it stands for Advance Parole. You can go ahead and file for it, but since your husband occured an overstay, it is wise not to use it until he receives his green card or else he wont be able to come back into the US and USCIS will consider your application abandoned and he will have trouble coming back into the US. I would definately hold on the travel until he gets his green card. I wish you both luck on your paperwork and remember, make sure you have all the required documents. Make sure you make photocopies of everything because they only want your original copies in the interview. Also when you compile everything, make two copies of the entire package just in case. You can ask me or anyone in here questions anytime. Good luck to you both in your immigration journey. What state are you guys in?

[Canadianmade 1]

Hey everyone, I've spent some time looking at your website, and thought it would be a good time to possibly get some guidance. My husband is Canadian, I am a U.S. citizen. We got married in May 08, he's been in the states since Nov 07. He didnt come on any visa, didn't fill out any forms, just a regular inspection on the train. We hired an immigration lawyer to handle the paperwork for him a week or so after we married. As of Nov 08, our lawyer did NOTHING with our case. So he returned our money, and now we are doing the papers ourselves. We already had a medical exam done, so we don't need that but here are my questions. 1. Is it true that there is no fee for the I-765 form (EAD) if you file it with the I-485? Also, he has been here over a year now, is it considered an overstay?...Is it possible grounds for denial? I read on a forum, not this one, that once the paperwork goes through, because he came here legally, and we married legally, the overstay will be forgiven. Our lawyer really screwed us because we were under the impression our case was being worked on. 5 months down the drain but we are getting through it. My last question is I also read that in 90 days, he will get a temporary work permit which will allow him to work. Can someone please confirm this, everytime i call the USCIS with these questions, but I get different answers depending on who i get on the phone. Thank you so much for all your help, I love this site, and will be posting my progress as it happens.

1. no fee with I-765/I-485

2. Overstay forgiven

3. work permit in 90 days

Thanks again

~~Chrissy~~

Hi Crissy welcome to VJ, and you have definately come to the right place to ask for advice as everyone in here is very knowledable and nice. Your story sounds very similar to our story, I got married to my lovely USC wife in May 08 as well and I came to the US as a visitor, as I am Canadian as well. Before all of the immigration stuff, we both didnt know much about the process, but you sure do learn about it as you go along. We had no plans to get married, it was spur of the moment. We didnt file for my AOS for a few months due to financial reasons. as its very expenisive. We did do a consulation with a lawyer to ask questions about the AOS process and to ask about minor details such as my travels back and forth from the US to Canada. The lawyer said, I would have no problems filing and we went ahead and did it ourselves. It is overwhelming and confusing at first to understand how to fill out the forms and what have to do, but it wasnt as hard as we thought it would be, but its morely just compling and organizing and putting the necessary documents together. We are glad we did it on our own as it is a waste of money to use a lawyer because you would have to gather all the documents and evidence anyways. We filed in the last week of October and so far so good. I am now playing the waiting game. I did not apply for A/P as my status was declared as out of status, but I did apply for an EAD. I am sorry to hear about your experience with your lawyer and that is the main reason we were against relying on a lawyer as not all are like that, but just having something being in the hands of someone else is nerve wrecking. Just make sure you read the instructions very closely and clearly and re-read the instructions again if you have too. Ask questions here, if you dont understand something, we are here to help. Your husband should be fine and did you guys plan to get married when he last crossed into the US? Since he is married to you now, an overstay is forgiven. You have to pay $1365 for I-130, I-485, I-693, I-864 and the I-765 is free and considered optional if you want to apply for it. Make sure, this is important, he needs to order the long form birth certificate, not the card one, it is not accepted. You need to get 6 passport pics of him and 1 or 2 of you, make sure they are passport specifications. Dont apply for an A/P because since hes considered an overstayer, it wouldnt be wise for him to use the A/P as it doesnt gurantee that he will be allowed back in the US and most likey he would be denied entry back to the US if he attempted to go back and visit. I was debating about filing for an AP, but the lawyer told me it was not a good idea. I would advice him if he wants to visit Canada, to wait until he gets his green card. Yes it is true, USCIS has to give him an EAD in 90 days. USCIS are so useless and so rude, you would have a better chance to see god than to get answers from the customer reps. I hope I answered your questions and good luck to you guys.

Hello Canadianmade, thanks for bringing up the AP. I was wondering, I applied for AP document. I came here in the mid of July as a visitor and got married (no intention to migrate) and mailed out my AOS on the mid of Nov. I just received my NOAs yesterday including for AP. Do you think I'm in trouble 'coz I applied for AP doc? I'm counting my days of stay here in USA since I came here and my stay will expires on mid of January...I counted all the days and my length of stay which is less than 180 days...do you think i'm still in a good hands?

Hey man whats up? Your welcome for mentioning it, well inregards to the AP, since you came into the US and you had no intentions of getting married when you crossed, your status was a visitor and I dont think you personally will have any problems using your AP document because you adjusted status in the US and you didnt overstay. You are definately in good hands my friend and you shouldnt worry at all my friend.

[kikkilee 0]

Hi Crissy your welcome, I am glad your husband enjoyed the post and tell my fellow Canadian hello. Aww so hes from BC huh? Well I am from Ontario to be exact from Toronto. Yes it is possible to obtain his long form birth certificate online, just google it and type in BC birth certificate, and make sure you apply for the long form. Yes the I-693 is the medical exam document. I printed the medical form and brought it with me for them to fill out and they also give you an envelope that you are not suppose to open, only for USCIS. You only fill out your name, address etc, it will tell you what to fill out and the rest of the info, the civil surgeon fills out. Yes you definately have to attach the envelope with the I-693 form. Oh yes you must do the G-325A form, my bad for not mentioning it in the eariler post. So you will have to fill out, I-130, I-485, I-693, I-864, I-765 and G-325A. The AP is the travel document, it stands for Advance Parole. You can go ahead and file for it, but since your husband occured an overstay, it is wise not to use it until he receives his green card or else he wont be able to come back into the US and USCIS will consider your application abandoned and he will have trouble coming back into the US. I would definately hold on the travel until he gets his green card. I wish you both luck on your paperwork and remember, make sure you have all the required documents. Make sure you make photocopies of everything because they only want your original copies in the interview. Also when you compile everything, make two copies of the entire package just in case. You can ask me or anyone in here questions anytime. Good luck to you both in your immigration journey. What state are you guys in?

Hey Canadian...Thanx again for posting...actually my husband is also from Toronto..He currently has family in Pefferlaw...not exactly sure where that is, but im excited and looking forward to visiting Canada. Currently we are living in New Jersey. You can imagine the shock from Toronto to NJ. lol....When I mentioned BC i was referring to birth certificate, sorry for the confusion. Now im starting to become a little worried. We got his exam done back in July and didnt have them fill out the 693 form. I'll have to call and see if they have his file and can fill out the form, I dont even know what the contents of the envelope are, as I was told not to open it. I did tell them that the exam was for immigration, perhaps they put the form in the envelope with the results. The other thing is the A/P...i was under the impression that the I-131 were for regular traveling documents. I dont remember telling the rep from USCIS that he's been here a year, 6 months overstayed.....so thank you for bringing that to my attention. So now im wondering if the I-131 is necessary to file now along with the other documents? or if it is something we can wait on.....Ive printed out all documents and instructions for the forms i was told to fill out. We have a lot of reading to do this weekend. Thanks again for responding. So where from in Toronto? Would be interesting if you guys were neighbors. =)

~~Chrissy~~

[Canadianmade 1]

Hi Crissy your welcome, I am glad your husband enjoyed the post and tell my fellow Canadian hello. Aww so hes from BC huh? Well I am from Ontario to be exact from Toronto. Yes it is possible to obtain his long form birth certificate online, just google it and type in BC birth certificate, and make sure you apply for the long form. Yes the I-693 is the medical exam document. I printed the medical form and brought it with me for them to fill out and they also give you an envelope that you are not suppose to open, only for USCIS. You only fill out your name, address etc, it will tell you what to fill out and the rest of the info, the civil surgeon fills out. Yes you definately have to attach the envelope with the I-693 form. Oh yes you must do the G-325A form, my bad for not mentioning it in the eariler post. So you will have to fill out, I-130, I-485, I-693, I-864, I-765 and G-325A. The AP is the travel document, it stands for Advance Parole. You can go ahead and file for it, but since your husband occured an overstay, it is wise not to use it until he receives his green card or else he wont be able to come back into the US and USCIS will consider your application abandoned and he will have trouble coming back into the US. I would definately hold on the travel until he gets his green card. I wish you both luck on your paperwork and remember, make sure you have all the required documents. Make sure you make photocopies of everything because they only want your original copies in the interview. Also when you compile everything, make two copies of the entire package just in case. You can ask me or anyone in here questions anytime. Good luck to you both in your immigration journey. What state are you guys in?

Hey Canadian...Thanx again for posting...actually my husband is also from Toronto..He currently has family in Pefferlaw...not exactly sure where that is, but im excited and looking forward to visiting Canada. Currently we are living in New Jersey. You can imagine the shock from Toronto to NJ. lol....When I mentioned BC i was referring to birth certificate, sorry for the confusion. Now im starting to become a little worried. We got his exam done back in July and didnt have them fill out the 693 form. I'll have to call and see if they have his file and can fill out the form, I dont even know what the contents of the envelope are, as I was told not to open it. I did tell them that the exam was for immigration, perhaps they put the form in the envelope with the results. The other thing is the A/P...i was under the impression that the I-131 were for regular traveling documents. I dont remember telling the rep from USCIS that he's been here a year, 6 months overstayed.....so thank you for bringing that to my attention. So now im wondering if the I-131 is necessary to file now along with the other documents? or if it is something we can wait on.....Ive printed out all documents and instructions for the forms i was told to fill out. We have a lot of reading to do this weekend. Thanks again for responding. So where from in Toronto? Would be interesting if you guys were neighbors. =)

~~Chrissy~~

Hi again, and your welcome for posting, hopefully the info is helpful. Awww ok, so your husband is from Toronto huh? Where in Toronto is he from? I was living in North York, to be exact, Weston Rd and Lawerence, by 401 and Weston. I dont know where Pefferlaw is? Aww New Jersey very cool, I am residing in Ohio. Oh yeah Toronto and New Jersey is definately very different. Awww ok, I thought you meant British Columbia LOL, thanks for clarifying it. They most likey did fill out the I-693 form as they printed their own copy ans filled it out and inserted in the envelope when my wife and I went to do my medical exams. How much did you guys pay for your medical exams? I think you will be fine but you should call to be sure because you dont want to get RFE in your process. RFE is request further evidence and that stops your process until you provide the evidence they send you in the mail and you have to mail it back for your AOS to resume. I personally think in my humble opinion that you shouldnt file for the I-131 because he overstayed in the US. I wouldnt file it, and wait till he gets his green card. I do think it sucks that USCIS can do this to people who are overstayers and various other situations. I think its kinda insensitive because there are so many people in this process who have family and friends they miss back home you know, but instead you have to wait it out for a few months. I am being realistic with you on the I-131, I know that I sound like a broken record, but DO NOT FILE FOR IT AND WAIT TILL YOU GET YOUR GREEN CARD. You definately have a whole lot of reading to do and it sure is very tedious, so read it carefully. Also you should refer to the guides on VJ, it has sample filled out forms, and it is a guide to show you how to fill out the forms. I think you guys will be fine and ask questions if you have any anytime. Who knows he might of been a neighbour LOL, big city, small world.

[kikkilee 0]

Hi again, and your welcome for posting, hopefully the info is helpful. Awww ok, so your husband is from Toronto huh? Where in Toronto is he from? I was living in North York, to be exact, Weston Rd and Lawerence, by 401 and Weston. I dont know where Pefferlaw is? Aww New Jersey very cool, I am residing in Ohio. Oh yeah Toronto and New Jersey is definately very different. Awww ok, I thought you meant British Columbia LOL, thanks for clarifying it. They most likey did fill out the I-693 form as they printed their own copy ans filled it out and inserted in the envelope when my wife and I went to do my medical exams. How much did you guys pay for your medical exams? I think you will be fine but you should call to be sure because you dont want to get RFE in your process. RFE is request further evidence and that stops your process until you provide the evidence they send you in the mail and you have to mail it back for your AOS to resume. I personally think in my humble opinion that you shouldnt file for the I-131 because he overstayed in the US. I wouldnt file it, and wait till he gets his green card. I do think it sucks that USCIS can do this to people who are overstayers and various other situations. I think its kinda insensitive because there are so many people in this process who have family and friends they miss back home you know, but instead you have to wait it out for a few months. I am being realistic with you on the I-131, I know that I sound like a broken record, but DO NOT FILE FOR IT AND WAIT TILL YOU GET YOUR GREEN CARD. You definately have a whole lot of reading to do and it sure is very tedious, so read it carefully. Also you should refer to the guides on VJ, it has sample filled out forms, and it is a guide to show you how to fill out the forms. I think you guys will be fine and ask questions if you have any anytime. Who knows he might of been a neighbour LOL, big city, small world.

Hey Canadian...yeah small world for sure....He lived for a while at victoria park i think it's called....Civil surgeon isnt sure what they put in that envelope lol..imma have to make a trip there to make sure...I definitely don't want an RFE...we've waited long enough.....As for the I-131, to be honest, if we can save the $300+ for the document, we'd much prefer to do that. Especially if we won't really be able to use it anyway. His mother is coming to visit in the spring, and he's definitely a trooper, so he'll be ok waiting it out till he gets his green card. I just wanted to make sure that it wasn't a necessary document to fill out. If its optional, and like you said, pretty much useless for us at this point, then we'll bypass it altogether. So how's Ohio?...I'm excited to visit Canada, he tells me its similiar to NYC, except cleaner lol....I'll definitely be using the sample forms on VJ for our intensive paperwork session this weekend. Keep your eyes open for more Questions lol..thanks again

~~Chrissy~~

[Canadianmade 1]

Hi again, and your welcome for posting, hopefully the info is helpful. Awww ok, so your husband is from Toronto huh? Where in Toronto is he from? I was living in North York, to be exact, Weston Rd and Lawerence, by 401 and Weston. I dont know where Pefferlaw is? Aww New Jersey very cool, I am residing in Ohio. Oh yeah Toronto and New Jersey is definately very different. Awww ok, I thought you meant British Columbia LOL, thanks for clarifying it. They most likey did fill out the I-693 form as they printed their own copy ans filled it out and inserted in the envelope when my wife and I went to do my medical exams. How much did you guys pay for your medical exams? I think you will be fine but you should call to be sure because you dont want to get RFE in your process. RFE is request further evidence and that stops your process until you provide the evidence they send you in the mail and you have to mail it back for your AOS to resume. I personally think in my humble opinion that you shouldnt file for the I-131 because he overstayed in the US. I wouldnt file it, and wait till he gets his green card. I do think it sucks that USCIS can do this to people who are overstayers and various other situations. I think its kinda insensitive because there are so many people in this process who have family and friends they miss back home you know, but instead you have to wait it out for a few months. I am being realistic with you on the I-131, I know that I sound like a broken record, but DO NOT FILE FOR IT AND WAIT TILL YOU GET YOUR GREEN CARD. You definately have a whole lot of reading to do and it sure is very tedious, so read it carefully. Also you should refer to the guides on VJ, it has sample filled out forms, and it is a guide to show you how to fill out the forms. I think you guys will be fine and ask questions if you have any anytime. Who knows he might of been a neighbour LOL, big city, small world.

Hey Canadian...yeah small world for sure....He lived for a while at victoria park i think it's called....Civil surgeon isnt sure what they put in that envelope lol..imma have to make a trip there to make sure...I definitely don't want an RFE...we've waited long enough.....As for the I-131, to be honest, if we can save the $300+ for the document, we'd much prefer to do that. Especially if we won't really be able to use it anyway. His mother is coming to visit in the spring, and he's definitely a trooper, so he'll be ok waiting it out till he gets his green card. I just wanted to make sure that it wasn't a necessary document to fill out. If its optional, and like you said, pretty much useless for us at this point, then we'll bypass it altogether. So how's Ohio?...I'm excited to visit Canada, he tells me its similiar to NYC, except cleaner lol....I'll definitely be using the sample forms on VJ for our intensive paperwork session this weekend. Keep your eyes open for more Questions lol..thanks again

~~Chrissy~~

Awww I know where Victoria Park is, it is in the east side of Toronto mainly known as Scarborough, which is extremely far, from where I was at LOL, he would know that from being Toronto and me morely in west side techincally of Toronto, north york I dont know lol. I think you definately should see the civil surgeon just to make sure everything is cool. No you definately wouldnt want to get an RFE. Well you wont be saving $300, when you are filing concurrently, meaning the I-130 and I-1485 and the other supporting forms, the I-765 an I-131 is free and optional to file while waiting for the physical green card. Since he is an overstayer, it makes no sense to file it as, I know it must be hard for him to explain the situation back home to his friends and family, who I am sure cant wait for you guys to be able to travel. You definately have to be very very patient, theres a whole lot of waiting LOL. It is hard though not being able to travel, work etc etc freely when your in the process of immigration. Its good to know hes a trooper and it will be worth the wait in the end. I am glad that his mother is going to be able to come up to New Jersey to visit you guys. Ohio is a very nice state, I do love it here, people are very friendly and nice here, I dont regret living in this state, as I met some very cool people as well along the way. I am in a small town outside of Cleveland, I am like 45min away from Cleveland, so its a big change going from a big city to a small town, but I do like it here and I am getting use to it. You will definately love it there, theres plenty to do there. I do like the winters here in Ohio, way too much snow for my liking LOL as I am use to winter LOL, but it isnt cold and Toronto is less snow but really really cold, he can tell you that. He is right on what he told you about Toronto, thats how I describe Toronto to people here also. Definately use the resources here on VJ, they are very helpful. You guys can message me anytime if you have any questions about anything. How long has he been in the states for? What does he do to pass the time because he will definately be home a whole lot LOL and what kind of work does he want to get into once he can work? Tell me hes a leafs, raptors or blue jays fan? What do you do for work? Take care you guys and thanks again for replying back.

[Canadianmade 1]

Hi again, and your welcome for posting, hopefully the info is helpful. Awww ok, so your husband is from Toronto huh? Where in Toronto is he from? I was living in North York, to be exact, Weston Rd and Lawerence, by 401 and Weston. I dont know where Pefferlaw is? Aww New Jersey very cool, I am residing in Ohio. Oh yeah Toronto and New Jersey is definately very different. Awww ok, I thought you meant British Columbia LOL, thanks for clarifying it. They most likey did fill out the I-693 form as they printed their own copy ans filled it out and inserted in the envelope when my wife and I went to do my medical exams. How much did you guys pay for your medical exams? I think you will be fine but you should call to be sure because you dont want to get RFE in your process. RFE is request further evidence and that stops your process until you provide the evidence they send you in the mail and you have to mail it back for your AOS to resume. I personally think in my humble opinion that you shouldnt file for the I-131 because he overstayed in the US. I wouldnt file it, and wait till he gets his green card. I do think it sucks that USCIS can do this to people who are overstayers and various other situations. I think its kinda insensitive because there are so many people in this process who have family and friends they miss back home you know, but instead you have to wait it out for a few months. I am being realistic with you on the I-131, I know that I sound like a broken record, but DO NOT FILE FOR IT AND WAIT TILL YOU GET YOUR GREEN CARD. You definately have a whole lot of reading to do and it sure is very tedious, so read it carefully. Also you should refer to the guides on VJ, it has sample filled out forms, and it is a guide to show you how to fill out the forms. I think you guys will be fine and ask questions if you have any anytime. Who knows he might of been a neighbour LOL, big city, small world.

Hey Canadian...yeah small world for sure....He lived for a while at victoria park i think it's called....Civil surgeon isnt sure what they put in that envelope lol..imma have to make a trip there to make sure...I definitely don't want an RFE...we've waited long enough.....As for the I-131, to be honest, if we can save the $300+ for the document, we'd much prefer to do that. Especially if we won't really be able to use it anyway. His mother is coming to visit in the spring, and he's definitely a trooper, so he'll be ok waiting it out till he gets his green card. I just wanted to make sure that it wasn't a necessary document to fill out. If its optional, and like you said, pretty much useless for us at this point, then we'll bypass it altogether. So how's Ohio?...I'm excited to visit Canada, he tells me its similiar to NYC, except cleaner lol....I'll definitely be using the sample forms on VJ for our intensive paperwork session this weekend. Keep your eyes open for more Questions lol..thanks again

~~Chrissy~~

Awww I know where Victoria Park is, it is in the east side of Toronto mainly known as Scarborough, which is extremely far, from where I was at LOL, he would know that from being Toronto and me morely in west side techincally of Toronto, north york I dont know lol. I think you definately should see the civil surgeon just to make sure everything is cool. No you definately wouldnt want to get an RFE. Well you wont be saving $300, when you are filing concurrently, meaning the I-130 and I-1485 and the other supporting forms, the I-765 an I-131 is free and optional to file while waiting for the physical green card. Since he is an overstayer, it makes no sense to file it as, I know it must be hard for him to explain the situation back home to his friends and family, who I am sure cant wait for you guys to be able to travel. You definately have to be very very patient, theres a whole lot of waiting LOL. It is hard though not being able to travel, work etc etc freely when your in the process of immigration. Its good to know hes a trooper and it will be worth the wait in the end. I am glad that his mother is going to be able to come up to New Jersey to visit you guys. Ohio is a very nice state, I do love it here, people are very friendly and nice here, I dont regret living in this state, as I met some very cool people as well along the way. I am in a small town outside of Cleveland, I am like 45min away from Cleveland, so its a big change going from a big city to a small town, but I do like it here and I am getting use to it. You will definately love it there, theres plenty to do there. I do like the winters here in Ohio, way too much snow for my liking LOL as I am use to winter LOL, but it isnt cold and Toronto is less snow but really really cold, he can tell you that. He is right on what he told you about Toronto, thats how I describe Toronto to people here also. Definately use the resources here on VJ, they are very helpful. You guys can message me anytime if you have any questions about anything. How long has he been in the states for? What does he do to pass the time because he will definately be home a whole lot LOL and what kind of work does he want to get into once he can work? Tell me hes a leafs, raptors or blue jays fan? What do you do for work? Take care you guys and thanks again for replying back.

I meant to ask and it slipped my mind, if you dont mind me asking, how did you guys meet? I know I am asking alot of questions LOL, but what are the odds of meeting a canadian in the US. I met my wife on myspace, if you want to know. It was crazy that we were only like 4.5hrs drive from one another at the time.

[enno4eva 0]

Hey everyone, I've spent some time looking at your website, and thought it would be a good time to possibly get some guidance. My husband is Canadian, I am a U.S. citizen. We got married in May 08, he's been in the states since Nov 07. He didnt come on any visa, didn't fill out any forms, just a regular inspection on the train. We hired an immigration lawyer to handle the paperwork for him a week or so after we married. As of Nov 08, our lawyer did NOTHING with our case. So he returned our money, and now we are doing the papers ourselves. We already had a medical exam done, so we don't need that but here are my questions. 1. Is it true that there is no fee for the I-765 form (EAD) if you file it with the I-485? Also, he has been here over a year now, is it considered an overstay?...Is it possible grounds for denial? I read on a forum, not this one, that once the paperwork goes through, because he came here legally, and we married legally, the overstay will be forgiven. Our lawyer really screwed us because we were under the impression our case was being worked on. 5 months down the drain but we are getting through it. My last question is I also read that in 90 days, he will get a temporary work permit which will allow him to work. Can someone please confirm this, everytime i call the USCIS with these questions, but I get different answers depending on who i get on the phone. Thank you so much for all your help, I love this site, and will be posting my progress as it happens.

1. no fee with I-765/I-485

2. Overstay forgiven

3. work permit in 90 days

Thanks again

~~Chrissy~~

Hi Crissy welcome to VJ, and you have definately come to the right place to ask for advice as everyone in here is very knowledable and nice. Your story sounds very similar to our story, I got married to my lovely USC wife in May 08 as well and I came to the US as a visitor, as I am Canadian as well. Before all of the immigration stuff, we both didnt know much about the process, but you sure do learn about it as you go along. We had no plans to get married, it was spur of the moment. We didnt file for my AOS for a few months due to financial reasons. as its very expenisive. We did do a consulation with a lawyer to ask questions about the AOS process and to ask about minor details such as my travels back and forth from the US to Canada. The lawyer said, I would have no problems filing and we went ahead and did it ourselves. It is overwhelming and confusing at first to understand how to fill out the forms and what have to do, but it wasnt as hard as we thought it would be, but its morely just compling and organizing and putting the necessary documents together. We are glad we did it on our own as it is a waste of money to use a lawyer because you would have to gather all the documents and evidence anyways. We filed in the last week of October and so far so good. I am now playing the waiting game. I did not apply for A/P as my status was declared as out of status, but I did apply for an EAD. I am sorry to hear about your experience with your lawyer and that is the main reason we were against relying on a lawyer as not all are like that, but just having something being in the hands of someone else is nerve wrecking. Just make sure you read the instructions very closely and clearly and re-read the instructions again if you have too. Ask questions here, if you dont understand something, we are here to help. Your husband should be fine and did you guys plan to get married when he last crossed into the US? Since he is married to you now, an overstay is forgiven. You have to pay $1365 for I-130, I-485, I-693, I-864 and the I-765 is free and considered optional if you want to apply for it. Make sure, this is important, he needs to order the long form birth certificate, not the card one, it is not accepted. You need to get 6 passport pics of him and 1 or 2 of you, make sure they are passport specifications. Dont apply for an A/P because since hes considered an overstayer, it wouldnt be wise for him to use the A/P as it doesnt gurantee that he will be allowed back in the US and most likey he would be denied entry back to the US if he attempted to go back and visit. I was debating about filing for an AP, but the lawyer told me it was not a good idea. I would advice him if he wants to visit Canada, to wait until he gets his green card. Yes it is true, USCIS has to give him an EAD in 90 days. USCIS are so useless and so rude, you would have a better chance to see god than to get answers from the customer reps. I hope I answered your questions and good luck to you guys.

Thank you guys so much for the info. Much appreciated. Thanks Canadianmade, my husband enjoyed your post, a nice connection to home. Is it possible to obtain his long form BC from the U.S.? Also, I saw in your post something about an A/P and form I-693. I'm assuming the I-693 is the medical exam document. We had our exam done by a civil surgeon, it is in a sealed envelope. The woman I spoke with from USCIS told me to include that envelope with the rest of the paperwork, but didn't mention filling out the I-693. The forms I was told to fill out were: for me, the G-325, I-130, and I-864. For my husband, the G-325, I-764, I-485, and I-131. She told me to fill out the travel documents as well. What exactly is the A/P? I'm assuming you're referring to the travel documents.

We plan to do our paperwork this weekend. I'll bring any questions I have here I'm sure...Thanks again!!

~~Chrissy~~

Hello Kikkilee,

OK, let's see. Unlawful status ignored? hmmmm, that's not entirely true. It seems you also have the issue of coming to the U.S. on one Visa and then getting married...that's also frowned upon. Now, it is ALLLLLLLLLLLLLL of our hopes, wishes and pleadings NONE of us have to deal with HARD NOSED IOs when it comes to the rules of unlawful/out of status and marrying while in the states on a visa other than a K-1. That said, the first thing is to get that infamous i130 approved. I know you're filing all together but it's that i130 that gets the ball going. A/P A.K.A. travel document...now if you've accrued unlawful status you're subject to a 3 and 10 year bar if you leave the U.S. and try to reenter. That warning is in PLAIN view on the travel document. Based on your I485 application and/or I130, USCIS already knows you have accrued unlawful status, yet they will still approve the A/P. go figure. Nevertheless, Border Patrol may let you return without incident or they can change your life forever by detaining you. This is true talk.

So, let's say you get your A/P, no hassles returning to the U.S. and then you get to your interview. If you get Mr/Ms. hardnose, they can say, "You need to file an I801 so that we can waive your inadmissability. You see, you were entered legally back when you got your first visa. but because you have accrued unlawful status, you are no longer admissable. therefore you should be filing back home through your consulate and be separated from your loving spouse for about 12 to 18 months. That totally sucks. However, an approved I801 waives that requirement. Unfortunately these are hard to get approved. And by the way, you have to file the I801 at the consulate as well because you're inadmissable.

So, I would take the advice of our fellow vj'ers and stay in the country and get that coveted Green Card. Don't bring up your unlawful status. Just apply like everyone else and speak when asked to and not before that. As long as you're in the states and married with a pending i485, you're good to go. So, get that app in as soon as possible. What my wife and I went through with Border patrol, ICE, immigration court, and yes, USCIS was traumatic. I don't wish that on anyone.

Good luck. You're in my prayers!

[Canadianmade 1]

Hey everyone, I've spent some time looking at your website, and thought it would be a good time to possibly get some guidance. My husband is Canadian, I am a U.S. citizen. We got married in May 08, he's been in the states since Nov 07. He didnt come on any visa, didn't fill out any forms, just a regular inspection on the train. We hired an immigration lawyer to handle the paperwork for him a week or so after we married. As of Nov 08, our lawyer did NOTHING with our case. So he returned our money, and now we are doing the papers ourselves. We already had a medical exam done, so we don't need that but here are my questions. 1. Is it true that there is no fee for the I-765 form (EAD) if you file it with the I-485? Also, he has been here over a year now, is it considered an overstay?...Is it possible grounds for denial? I read on a forum, not this one, that once the paperwork goes through, because he came here legally, and we married legally, the overstay will be forgiven. Our lawyer really screwed us because we were under the impression our case was being worked on. 5 months down the drain but we are getting through it. My last question is I also read that in 90 days, he will get a temporary work permit which will allow him to work. Can someone please confirm this, everytime i call the USCIS with these questions, but I get different answers depending on who i get on the phone. Thank you so much for all your help, I love this site, and will be posting my progress as it happens.

1. no fee with I-765/I-485

2. Overstay forgiven

3. work permit in 90 days

Thanks again

~~Chrissy~~

Hi Crissy welcome to VJ, and you have definately come to the right place to ask for advice as everyone in here is very knowledable and nice. Your story sounds very similar to our story, I got married to my lovely USC wife in May 08 as well and I came to the US as a visitor, as I am Canadian as well. Before all of the immigration stuff, we both didnt know much about the process, but you sure do learn about it as you go along. We had no plans to get married, it was spur of the moment. We didnt file for my AOS for a few months due to financial reasons. as its very expenisive. We did do a consulation with a lawyer to ask questions about the AOS process and to ask about minor details such as my travels back and forth from the US to Canada. The lawyer said, I would have no problems filing and we went ahead and did it ourselves. It is overwhelming and confusing at first to understand how to fill out the forms and what have to do, but it wasnt as hard as we thought it would be, but its morely just compling and organizing and putting the necessary documents together. We are glad we did it on our own as it is a waste of money to use a lawyer because you would have to gather all the documents and evidence anyways. We filed in the last week of October and so far so good. I am now playing the waiting game. I did not apply for A/P as my status was declared as out of status, but I did apply for an EAD. I am sorry to hear about your experience with your lawyer and that is the main reason we were against relying on a lawyer as not all are like that, but just having something being in the hands of someone else is nerve wrecking. Just make sure you read the instructions very closely and clearly and re-read the instructions again if you have too. Ask questions here, if you dont understand something, we are here to help. Your husband should be fine and did you guys plan to get married when he last crossed into the US? Since he is married to you now, an overstay is forgiven. You have to pay $1365 for I-130, I-485, I-693, I-864 and the I-765 is free and considered optional if you want to apply for it. Make sure, this is important, he needs to order the long form birth certificate, not the card one, it is not accepted. You need to get 6 passport pics of him and 1 or 2 of you, make sure they are passport specifications. Dont apply for an A/P because since hes considered an overstayer, it wouldnt be wise for him to use the A/P as it doesnt gurantee that he will be allowed back in the US and most likey he would be denied entry back to the US if he attempted to go back and visit. I was debating about filing for an AP, but the lawyer told me it was not a good idea. I would advice him if he wants to visit Canada, to wait until he gets his green card. Yes it is true, USCIS has to give him an EAD in 90 days. USCIS are so useless and so rude, you would have a better chance to see god than to get answers from the customer reps. I hope I answered your questions and good luck to you guys.

Thank you guys so much for the info. Much appreciated. Thanks Canadianmade, my husband enjoyed your post, a nice connection to home. Is it possible to obtain his long form BC from the U.S.? Also, I saw in your post something about an A/P and form I-693. I'm assuming the I-693 is the medical exam document. We had our exam done by a civil surgeon, it is in a sealed envelope. The woman I spoke with from USCIS told me to include that envelope with the rest of the paperwork, but didn't mention filling out the I-693. The forms I was told to fill out were: for me, the G-325, I-130, and I-864. For my husband, the G-325, I-764, I-485, and I-131. She told me to fill out the travel documents as well. What exactly is the A/P? I'm assuming you're referring to the travel documents.

We plan to do our paperwork this weekend. I'll bring any questions I have here I'm sure...Thanks again!!

~~Chrissy~~

Hello Kikkilee,

OK, let's see. Unlawful status ignored? hmmmm, that's not entirely true. It seems you also have the issue of coming to the U.S. on one Visa and then getting married...that's also frowned upon. Now, it is ALLLLLLLLLLLLLL of our hopes, wishes and pleadings NONE of us have to deal with HARD NOSED IOs when it comes to the rules of unlawful/out of status and marrying while in the states on a visa other than a K-1. That said, the first thing is to get that infamous i130 approved. I know you're filing all together but it's that i130 that gets the ball going. A/P A.K.A. travel document...now if you've accrued unlawful status you're subject to a 3 and 10 year bar if you leave the U.S. and try to reenter. That warning is in PLAIN view on the travel document. Based on your I485 application and/or I130, USCIS already knows you have accrued unlawful status, yet they will still approve the A/P. go figure. Nevertheless, Border Patrol may let you return without incident or they can change your life forever by detaining you. This is true talk.

So, let's say you get your A/P, no hassles returning to the U.S. and then you get to your interview. If you get Mr/Ms. hardnose, they can say, "You need to file an I801 so that we can waive your inadmissability. You see, you were entered legally back when you got your first visa. but because you have accrued unlawful status, you are no longer admissable. therefore you should be filing back home through your consulate and be separated from your loving spouse for about 12 to 18 months. That totally sucks. However, an approved I801 waives that requirement. Unfortunately these are hard to get approved. And by the way, you have to file the I801 at the consulate as well because you're inadmissable.

So, I would take the advice of our fellow vj'ers and stay in the country and get that coveted Green Card. Don't bring up your unlawful status. Just apply like everyone else and speak when asked to and not before that. As long as you're in the states and married with a pending i485, you're good to go. So, get that app in as soon as possible. What my wife and I went through with Border patrol, ICE, immigration court, and yes, USCIS was traumatic. I don't wish that on anyone.

Good luck. You're in my prayers!

Hey enno4eva, very very good advice you have shared here, and I agree with what you said here. If you dont mind me asking, what happened with your situation with the border patrol, ICE, immigration court etc etc, how did this all happen and how did you enter into the US?