Affidavit OS

[BeruCat 0]

Hi!

We sent my I-130, was approved. Then the NVC contacted us saying that I am eligible for further processing. We want to adjust my status since I came to the U.S as a visitor from Canada a year ago.

It says that I "must pay the Affidavit of Support processing fee before my petition can be processed". But it says nothing about sending the actual Affidavit of Support... !?!?

ALSO, on a certain website, it says that if the applicant plans to file an adjustment of status in the U.S, not to send any payment to NVC...

AND it also says that I have a YEAR to pay the fee. Wow, that's pretty long no?

Anyway, thank you so much!

Edited June 20, 2012 by BeruCat

[Anh map 2,098]

Did you submit both the I-130 and I-485 ?

There are no payment plans for processing. Without payment, a petition or application is returned to the sender.

[BeruCat 0]

I only submitted the I-130!

And I don't mind paying, I just don't want to pay for nothing...

[Anh map 2,098]

I only submitted the I-130!

And I don't mind paying, I just don't want to pay for nothing...

You've started down the wrong path. All that's been done is file a petition for a visa, which isn't the correct course of action if the immigrant is currently residing in the US.

For adjustment of status you ought to have filed the I-485 along with the I-130. See this guide for the complete run down >>> http://www.visajourney.com/content/i130guide2

At this point, going back home for the visa interview (because immigrant visas are not granted inside the US) could trigger a ban. Best plan is to make an infopass appointment at the local USCIS office to get yourselves on the proper path for adjustment of status.

*Moved from NVC forum to Adjustment of Status - Work, Student, Tourist forum*

[Harpa Timsah 13,258]

Yes, you have tread down the wrong path. Do not pay anything to the NVC. Start reading the guide linked above, and omit the parts about the I-130 (you did that part). Send off a I-485 Adjustment of Status package, and the I-130 you have approved will get matched up with the I-485. The I-485 (upon approval) is what makes you a legal permanent resident.

[grrrrreat 109]

Yes, you have tread down the wrong path. Do not pay anything to the NVC. Start reading the guide linked above, and omit the parts about the I-130 (you did that part). Send off a I-485 Adjustment of Status package, and the I-130 you have approved will get matched up with the I-485. The I-485 (upon approval) is what makes you a legal permanent resident.

OP needs to file I-485 with a copy of his NOA2 from the I-130. Can also file I-765 and I-131 for advance parole.

[BeruCat 0]

Oh ok, wow, I didn't know that! Thank y'all so much!!!

Should I do that ASAP (is there a maximum of time I shouldn't exceed in my condition?)

And grrrrrreat, what do you mean by advance parole?

[BeruCat 0]

I'm asking if it can wait because I am more than 7 months pregnant now and would rather spend time preparing for the birth than go around filling paperwork... Also I'd rather go to the interview a few months after giving birth rather than right before or after.

BTW grrrrreat no need to explain advance parole I just read about it. Thx!

Edited July 9, 2012 by BeruCat

[Little_My 464]

The I-130 does not extend your period of authorized stay in the US, it merely establishes a relationship between you and a US citizen which allows you to file the I-485 to become a permanent resident. You have already overstayed, and will continue to overstay until you file the I-485 and USCIS receives your application. While overstay is overlooked for people who adjust status based on marriage, you're on borrowed time until the I-485 is filed, so it would be good to do it as soon as possible. Someone just posted a thread on this same forum about a foreign spouse, who had overstayed an F1, was pulled over by the police for a traffic violation, and now is being held in detention because the police who pulled him over noticed he was out of status in the US. It seems to be a rare scenario, but definitely possible, and given that you are pregnant, it's probably something you would rather not worry about..

I would file the I-485 as soon as possible.

[BeruCat 0]

Thank you Little_My!

I will start the paperwork today!

I kinda let it go because every time I would read about it I would get stressed out, but it's not an excuse lol. I HAVE to do it, I know.

You might not know the answer but my dad (who is Canadian) asked an attorney about how long Canadians can stay in the Us without a visa and she told him I was alright for 2-3 years... Hum! I looked around on the internet and couldn't find anything about it...

[Little_My 464]

I am not an expert in Canadian-US immigration laws, but my understanding is that when Canadians enter the US as tourists, they are not issued a tourist visa or an I-94, but they are bound by same rules and regulations as B2-visa holders, and the maximum stay for Canadians under tourist status at a time is 6 months. I definitely know it is not 2-3 years..

[BeruCat 0]

So... I have a few technical questions!

My name changed when I got married. I used my maiden name on the I-130 because that's the only name figuring on my Ids for now (passport, etc). Should I still use my maiden name for the i-485?

When filling up the i-485, are they requesting the petitioners information or mine, the alien relative?

About the affidavit of support... I know my husband won't qualify for it, so we will be asking a friend to fill it out. Should my husband still fill out the form or only our friend?

Only a few weeks before the birth of our son... Should we wait after the birth to send out the i-485? It seems like it would be better to wait, so the paperwork would be more... authentic?

Thank you so much for bearing with me!

Edited July 24, 2012 by BeruCat

[Harpa Timsah 13,258]

So... I have a few technical questions!

My name changed when I got married. I used my maiden name on the I-130 because that's the only name figuring on my Ids for now (passport, etc). Should I still use my maiden name for the i-485?

When filling up the i-485, are they requesting the petitioners information or mine, the alien relative?

About the affidavit of support... I know my husband won't qualify for it, so we will be asking a friend to fill it out. Should my husband still fill out the form or only our friend?

Only a few weeks before the birth of our son... Should we wait after the birth to send out the i-485? It seems like it would be better to wait, so the paperwork would be more... authentic?

Thank you so much for bearing with me!

1. If your name changed then you need to fill out all forms in your married name. USCIS does have a brain and can figure out that you changed your name, especially since you will send in your marriage certificate that has your maiden name on it!

2. What part are you referring to? It will tell you in the instructions.

3. Your husband is the petitioner and must also be a sponsor, and fill out all the forms and supply all he evidence associated with it. The friend will be a co-sponsor.

4. Why wait? You will have a mandatory interview and can bring your kid then. Why wait to start the paperwork?

[DandT14 272]

So... I have a few technical questions!

My name changed when I got married. I used my maiden name on the I-130 because that's the only name figuring on my Ids for now (passport, etc). Should I still use my maiden name for the i-485?

When filling up the i-485, are they requesting the petitioners information or mine, the alien relative?

About the affidavit of support... I know my husband won't qualify for it, so we will be asking a friend to fill it out. Should my husband still fill out the form or only our friend?

Only a few weeks before the birth of our son... Should we wait after the birth to send out the i-485? It seems like it would be better to wait, so the paperwork would be more... authentic?

Thank you so much for bearing with me!

I think I understand your thinking on waiting, but as Harpa said, by the time you get to the interview it will be well past the birth of your child. If you were thinking you could send the birth certificate with your I-485, you could, but that will delay you quite a bit and there's really no need. Just bring it to the interview.

For whose name goes where - I find it's easiest to think of the I-130 as your husband's form and the I-485 as yours. On that form, you are the applicant and it's filled out from your point of view. Hope that helps.

[BeruCat 0]

It helps a lot, thank you