Sending out paperwork within the next 2 days

[darcness 3]

So me and my wife will be filing for her adjustment of status in the next couple of days. We spent the better part of the weekend just going over forms. Checking, double checking, triple checking, and then checking again. Everything is organized, checks are wrote, and we're just waiting on getting a couple letters notarized and we will be sending it all in to the Chicago lock box. I'm so scared, hopeful, anxious, excited, whatever words I can use to describe it probably still wouldn't be enough.

We originally had a lawyer but then I decided we could do this on our own via VJ and I just wanted to say a HUGE thanks to everyone here and for all the wonderful guides, information, and people here. There is NO WAY I could have done this without all the help. It's such a long process to get everything together.

I did have a couple questions for where we are at this point.

1) She is from Canada and came into the country in September 7th of 2011. We were married November 26th after her mother informed us (on a visit to my home) that she would give us the money for not only a wedding, but immigration fees as well. Needless to say we got planning as quickly as we could. My wife did an amazing job of getting the wedding together in such a short time (2 months). I know it doesn't matter if you're out of status when you file the AOS paperwork, but I did see something about it affecting her chance for advanced parole. Do we have to file any special paperwork with our AOS for her being here longer than the 6 months she's allowed (from Canada to US, visa exempt)? Can she still get advanced parole?

From what I've seen she shouldn't have to file anything extra because of the overstay, but it may stop her from getting AP.

2) If you read back through my posts and threads you'll see that she was caught with a small amount of marijuana at the border at one point during our visits. She wasn't formally charged or convicted for anything. They confiscated the narcotic and then she was made to pay a fine of $500 (US) at the Detroit Michigan immigration office. She visited many times after that without incident. She has absolutely no history of drug use, possession, convictions, or anything in Canada. Her record is squeaky clean. The marijuana wasn't even hers, but rather an ex boyfriends. She did answer yes to questions 1a and 1b on her I-485 form and wrote an explanation, letter of continuation, and included all the documents she signed or received from that incident. Is there any other forms or things we should include or fill out for this? Could this cause an issue during the process where she may need a waiver of some kind?

When we did ask our previous lawyer about this, she said it should NOT cause an issue other than some extra questioning at some point to explain what happened.

3) What forms can you staple or can't? So far we used paperclips and ACCO fasteners for everything. If we could use staples on some of it, that would be greatly beneficial to our organization of everything. I'm sure you ALL understand this one.

4) Any other last minute advice for us?

Again, we're really excited about all of this. It's a pretty amazing thing to think about how far things have come. 3 years ago when we started talking I never would have guessed we'd be going through all of this. Even last year when we wanted to get married and live together we couldn't afford to and we were really starting to struggle with the idea. I love her family, especially her mother for helping us with all of this. She loves my family and is now a big part of it as well. Now we're finally taking these steps to make all of this happen. It's crazy how much all of this stresses you out, but in the end it's so worth it!

[wifi 6]

So me and my wife will be filing for her adjustment of status in the next couple of days. We spent the better part of the weekend just going over forms. Checking, double checking, triple checking, and then checking again. Everything is organized, checks are wrote, and we're just waiting on getting a couple letters notarized and we will be sending it all in to the Chicago lock box. I'm so scared, hopeful, anxious, excited, whatever words I can use to describe it probably still wouldn't be enough.

We originally had a lawyer but then I decided we could do this on our own via VJ and I just wanted to say a HUGE thanks to everyone here and for all the wonderful guides, information, and people here. There is NO WAY I could have done this without all the help. It's such a long process to get everything together.

I did have a couple questions for where we are at this point.

1) She is from Canada and came into the country in September 7th of 2011. We were married November 26th after her mother informed us (on a visit to my home) that she would give us the money for not only a wedding, but immigration fees as well. Needless to say we got planning as quickly as we could. My wife did an amazing job of getting the wedding together in such a short time (2 months). I know it doesn't matter if you're out of status when you file the AOS paperwork, but I did see something about it affecting her chance for advanced parole. Do we have to file any special paperwork with our AOS for her being here longer than the 6 months she's allowed (from Canada to US, visa exempt)? Can she still get advanced parole?

From what I've seen she shouldn't have to file anything extra because of the overstay, but it may stop her from getting AP.

The overstay is fine since the marriage is to a USC. However, they should NOT use Avance Parole since they were an overstay. Trying to return to the US may result in a several year ban. You should remain in the US until the green card is received.

2) If you read back through my posts and threads you'll see that she was caught with a small amount of marijuana at the border at one point during our visits. She wasn't formally charged or convicted for anything. They confiscated the narcotic and then she was made to pay a fine of $500 (US) at the Detroit Michigan immigration office. She visited many times after that without incident. She has absolutely no history of drug use, possession, convictions, or anything in Canada. Her record is squeaky clean. The marijuana wasn't even hers, but rather an ex boyfriends. She did answer yes to questions 1a and 1b on her I-485 form and wrote an explanation, letter of continuation, and included all the documents she signed or received from that incident. Is there any other forms or things we should include or fill out for this? Could this cause an issue during the process where she may need a waiver of some kind?

When we did ask our previous lawyer about this, she said it should NOT cause an issue other than some extra questioning at some point to explain what happened.

The USCIS understands that low level drug use happens. The fact that you're upfront with it and have no other record should not pose an issue. Expect to explain the story in detail to the interviewing IO.

3) What forms can you staple or can't? So far we used paperclips and ACCO fasteners for everything. If we could use staples on some of it, that would be greatly beneficial to our organization of everything. I'm sure you ALL understand this one.

Do NOT staple anything. It makes it really difficult to work with when received by the USCIS. When a package is received it is completely torn apart and put in a folder on its own using its own binding. And if you're filing for other items, they're shipped off to different departments and/or states for processing. Paperclips for everything. Binder clips to hold big bunches of paper together (i.e. I485 and all supporting evidence).

4) Any other last minute advice for us?

Again, we're really excited about all of this. It's a pretty amazing thing to think about how far things have come. 3 years ago when we started talking I never would have guessed we'd be going through all of this. Even last year when we wanted to get married and live together we couldn't afford to and we were really starting to struggle with the idea. I love her family, especially her mother for helping us with all of this. She loves my family and is now a big part of it as well. Now we're finally taking these steps to make all of this happen. It's crazy how much all of this stresses you out, but in the end it's so worth it!

Write a cover letter explaining why you're filing (a sentence or two) and include a table of contents of your package for easy sorting. Checks should be put on the front of the I130 pack and I485 pack.

[IPv6Freely 64]

I skipped the ACCO fasteners too. I'd rather let them do that if thats how they want it. Everything for mine is paperclips.

[darcness 3]

You must have some BIG paperclips!

Ok, thanks for the comments guys. Forms and payments should be going out tomorrow. It sounds to me like things should be pretty much a waiting game from here on out. Looks like I need to start my time line now. Still trying to figure that one out though.

Any other comments/opinions would be great!

Oh and yes we did the cover sheets with table of contents for each package.

Edited June 19, 2012 by darcness

[IPv6Freely 64]

You must have some BIG paperclips!

Ok, thanks for the comments guys. Forms and payments should be going out tomorrow. It sounds to me like things should be pretty much a waiting game from here on out. Looks like I need to start my time line now. Still trying to figure that one out though.

Any other comments/opinions would be great!

Oh and yes we did the cover sheets with table of contents for each package.

haha nah, just a standard paperclip for each of the four forms. My entire thing fit into a single manilla envelope.

I'm having some difficulty figuring out the timeline thing also... maybe theres a help page im missing somewhere.

All you can do is wait. I sent mine today. Will be interesting to see which of us gets finished first since it sounds like we're both pretty straightforward in our cases (some of the threads on this forum.. I can't even imagine having to deal with those situations).

[darcness 3]

Agreed. I will keep everyone posted on our progress. I hope things go smoothly. I'm sure they will but you never know when it comes to all these crazy rules and formalities for these forms. I hope we didn't make any mistakes that will delay the process. Seems so daunting at times.

Good luck with your paperwork as well and keep me posted on how things go!

[darcness 3]

Well the paper work officially left for the Chicago dropbox yesterday via FedEx Ground with a tracking ID!

Now we play the waiting game. Hard to believe how much I've learned and how far we've come. I couldn't even tell you the first thing about immigration before all this started. Now I know what all the acronyms mean! If anyone says AOS, NOA, or RFE to me, I can actually relate!

[grrrrreat 109]

The overstay is fine since the marriage is to a USC. However, they should NOT use Avance Parole since they were an overstay. Trying to return to the US may result in a several year ban. You should remain in the US until the green card is received.

Actually the BIA just ruled that an adjustment applicant who has advance parole does NOT incur an overstay ban when they leave the U.S. Added to that, Canadians generally do not accrue unlawful presence toward the overstay bans until USCIS or an immigration judge orders them to leave, which hasn't happened yet. (This applies if the Canadian was NOT issued an I-94 at the border: http://shusterman.com/unlawfulpresence-canadians.html)

If OP's wife has an urgent need to leave and AP, I would check back regarding the status of the BIA case. It may be safe to leave and not affect the adjustment application.

Edited June 28, 2012 by grrrrreat

[DandT14 272]

Well the paper work officially left for the Chicago dropbox yesterday via FedEx Ground with a tracking ID!

Now we play the waiting game. Hard to believe how much I've learned and how far we've come. I couldn't even tell you the first thing about immigration before all this started. Now I know what all the acronyms mean! If anyone says AOS, NOA, or RFE to me, I can actually relate!

Did you send a fed ex package to the PO Box? I'm pretty sure you're supposed to use the street address for Fed ex.

I think it will still make it to the right place though.

[darcness 3]

No I sent it to the street address. And yes, no I-94 on her last entry. It was strange because sometimes they would give her an I-94 and other times they would not. Just depended on the officer that day I suppose.

[DandT14 272]

My husband never got an I-94. I never even heard of it before I came to this site. He did get a passport stamp when he cleared customs in New Jersey, but never in Toronto.