Need help filling out I-485

[ACanadianAbroad 0]

I'm Canadian, and my now wife is American. We drove through the border back in December, and were met with some resistance. We had to go in and talk to someone and it was pretty stressful. It looked like I was bringing a lot of stuff, so it seemed like I wasn't going to return (Computer, consoles, Rock Band, etc), when in reality it was just clothes and video games. I originally came in to stay with a family member I hadn't met in Boston for about a month, and the person driving (my wife) lived just outside of there so it worked out, we had known each other online at the time.

After they were satisfied they let us through. We got married at the beginning of this month, and I'm now looking into AoS. However, some stuff on the form I have no clue what to put. If anyone could help clarify what they're after or what I should put, that'd be a huge help.

Part 1:

Address - Do I put my current or my old Canadian address?

US Social Security - I can't put N/A on the computer, should I print out the form and hand write everything instead?

A# - Same as above

I-94# - Neither of us remember filling out an I-94. We talked to the guy at the border while in the car for a couple minutes, and he directed us to go inside the building. We waited and talked to another guy and after a while he let us through. Never saw an I-94 to my knowledge. What do I put here?

Current USCIS Status - I have no clue what this means/asks for.

Expires on - Same as above

Part 2:

Give your name exactly as it appears on your form I-94 - ?

Nonimmigrant Visa Number / Consulate where Issued - "Canadian Visitor" in both fields?

Date Visa Issued - N/A?

Any clarification is appreciated.

[Penny Lane 8,159]

Are you adjusting from any sort of visa, or no?

I'm a bit confused. The border was suspicious that you were going to stay in the US, and when they believed you weren't ... you did? Or have you gone back to Canada since?

Edited June 26, 2012 by Evylin

[Inky 1,110]

OP entered as a visitor - moving to adjustment of status from work student tourist as they are not adjusting from a family visa.

OP, you need to fill out much more than just the I-485.

http://www.visajourney.com/content/i130guide2

Edited June 26, 2012 by Inky

[ACanadianAbroad 0]

OP entered as a visitor - moving to adjustment of status from work student tourist as they are not adjusting from a family visa.

OP, you need to fill out much more than just the I-485.

http://www.visajourney.com/content/i130guide2

Sorry, I thought I used the Family one because of the marriage.

I entered as a visitor with no Visa to visit a relative for one month. While I was visiting, one thing lead to another and I decided to see where things went with this girl, so I stayed. We're now married. The guy at the border wrote in my information and what I was telling him under my file, including my intended return date (first week of January). My original intent when crossing the border was just a visit, but this is what happened. My goal now is to go to school here in the US (I was about to go to College in Canada before I came down), since I'd probably end up working in the US anyway in my field.

So I have to file an I-130 along with the rest of the forms in this guide? Does anyone know what to fill in in the spots I mentioned in the OP?

The warning at the start of that guide has me worried...

[wifi 6]

I'm Canadian, and my now wife is American. We drove through the border back in December, and were met with some resistance. We had to go in and talk to someone and it was pretty stressful. It looked like I was bringing a lot of stuff, so it seemed like I wasn't going to return (Computer, consoles, Rock Band, etc), when in reality it was just clothes and video games. I originally came in to stay with a family member I hadn't met in Boston for about a month, and the person driving (my wife) lived just outside of there so it worked out, we had known each other online at the time.

After they were satisfied they let us through. We got married at the beginning of this month, and I'm now looking into AoS. However, some stuff on the form I have no clue what to put. If anyone could help clarify what they're after or what I should put, that'd be a huge help.

Part 1:

Address - Do I put my current or my old Canadian address?

US Social Security - I can't put N/A on the computer, should I print out the form and hand write everything instead?

A# - Same as above

I-94# - Neither of us remember filling out an I-94. We talked to the guy at the border while in the car for a couple minutes, and he directed us to go inside the building. We waited and talked to another guy and after a while he let us through. Never saw an I-94 to my knowledge. What do I put here?

Current USCIS Status - I have no clue what this means/asks for.

Expires on - Same as above

Part 2:

Give your name exactly as it appears on your form I-94 - ?

Nonimmigrant Visa Number / Consulate where Issued - "Canadian Visitor" in both fields?

Date Visa Issued - N/A?

Any clarification is appreciated.

1. Put your current U.S. address; you'll need to provide your previous Canadian addresses later on the I485.

2. SSN can remain blank

3. A# you can leave blank or N/A

4. Many Canadians don't get I94s. You can also put N/A

5. Current USCIS Status: Canada Tourist

6. Expires: D/S

7. Exact Name: N/A

8. Nonimiigrant visa: N/A

9. Date of border crossing

[grrrrreat 109]

I'm Canadian, and my now wife is American. We drove through the border back in December, and were met with some resistance. We had to go in and talk to someone and it was pretty stressful. It looked like I was bringing a lot of stuff, so it seemed like I wasn't going to return (Computer, consoles, Rock Band, etc), when in reality it was just clothes and video games. I originally came in to stay with a family member I hadn't met in Boston for about a month, and the person driving (my wife) lived just outside of there so it worked out, we had known each other online at the time.

After they were satisfied they let us through. We got married at the beginning of this month, and I'm now looking into AoS. However, some stuff on the form I have no clue what to put. If anyone could help clarify what they're after or what I should put, that'd be a huge help.

Part 1:

Address - Do I put my current or my old Canadian address?

US Social Security - I can't put N/A on the computer, should I print out the form and hand write everything instead?

A# - Same as above

I-94# - Neither of us remember filling out an I-94. We talked to the guy at the border while in the car for a couple minutes, and he directed us to go inside the building. We waited and talked to another guy and after a while he let us through. Never saw an I-94 to my knowledge. What do I put here?

Current USCIS Status - I have no clue what this means/asks for.

Expires on - Same as above

Part 2:

Give your name exactly as it appears on your form I-94 - ?

Nonimmigrant Visa Number / Consulate where Issued - "Canadian Visitor" in both fields?

Date Visa Issued - N/A?

Any clarification is appreciated.

Part 1:

1. Your address where you live now.

2. Yes. Write N/A for everything that's not applicable, including I-94 and A#, which you don't have. (Canadian Citizens don't get I-94s.)

3. USCIS status: write "Canadian visitor". This is asking what kind of visa you have. Canadians don't need a visa, so write this.

4. Write "N/A". You didn't get an I-94 so it can't expire.

Part 2:

1. Just write N/A for everything pertaining to an I-94 or a visa. "Canadian visitor" isn't a visa number or consulate, so no that's not correct for those fields. Put "Canadian visitor" in the status field though.

Make sure you include a copy of your Canadian passport, since you can't send an I-94. Oh, and you're filing I-130, I-864, a medical examination report, I-131, I-765 and several G-325As right? You need to read this: http://www.visajourney.com/content/i130guide2

They stopped you at the border because they were concerned you were intending to stay permanently in the U.S., and it sounds like that's exactly what happened. So be prepared to explain why you changed your mind and decided to stay.

[ChrisPG 30]

I'm Canadian, and my now wife is American. We drove through the border back in December, and were met with some resistance. We had to go in and talk to someone and it was pretty stressful. It looked like I was bringing a lot of stuff, so it seemed like I wasn't going to return (Computer, consoles, Rock Band, etc), when in reality it was just clothes and video games. I originally came in to stay with a family member I hadn't met in Boston for about a month, and the person driving (my wife) lived just outside of there so it worked out, we had known each other online at the time.

After they were satisfied they let us through. We got married at the beginning of this month, and I'm now looking into AoS. However, some stuff on the form I have no clue what to put. If anyone could help clarify what they're after or what I should put, that'd be a huge help.

Part 1:

Address - Do I put my current or my old Canadian address?

US Social Security - I can't put N/A on the computer, should I print out the form and hand write everything instead?

A# - Same as above

I-94# - Neither of us remember filling out an I-94. We talked to the guy at the border while in the car for a couple minutes, and he directed us to go inside the building. We waited and talked to another guy and after a while he let us through. Never saw an I-94 to my knowledge. What do I put here?

Current USCIS Status - I have no clue what this means/asks for.

Expires on - Same as above

Part 2:

Give your name exactly as it appears on your form I-94 - ?

Nonimmigrant Visa Number / Consulate where Issued - "Canadian Visitor" in both fields?

Date Visa Issued - N/A?

Any clarification is appreciated.

Part 1

-Address: Put your physical address, if you are AOSing, then your Canadian address is of no use anyway, unless it asks you for past addresses.

-You put "none" for SSN. I did everything on the computer and then hand wrote the date and my signature. It makes no difference what you do.

-A#, write "none".

-Write "N/A"

-Current Status: "Canadian Visitor"

-I assume the question is when does your "Canadian Visitor" status expire and not when does your I-94 expire? If so, did you get a stamp in your passport of some kind with a date that you must depart?

Part 2

-Write "N/A"

-Write "N/A" since you do not have a visa.

-Write "N/A"

Edited June 26, 2012 by ChrisPG

[Penny Lane 8,159]

The warning at the start of that guide has me worried...

It's definitely something you need to prepare for. You were stopped and questioned because they thought you were attempting to stay in the US, and it turns out, that's what you did. Did you provide them proof of ties to Canada? Anything that you can use that shows you honestly were attempting to simply visit? It's going to be up to you to prove that this wasn't your intention all along.

Edited June 26, 2012 by Evylin

[Little_My 464]

It also sounds like there is a written record of you specifically stating that you are not going to marrya a US citizen and stay in the US - and then you proceeded to do exactly that. I am not fully aware how a material misrepresentation case can be/is usually made, but I would assume that your situation is one where there is a risk of that happening. The time between you crossing over and specifically stating you were not going to marry and AOS, and you marrying and filing for AOS, is just a few weeks - personally, I am not sure if I would be comfortable taking that chance, and I would probably go for the CR-1 spousal visa route instead. If you choose to proceed with AOS in the US, then follow the guides on VJ, read all the instructions carefully, and as stated by grrrreat, be prepared to explain in a very logical and convincing way how you suddenly changed your ming within a couple of weeks from what you originally had said your plan was when you crossed over to the US.

Edited June 26, 2012 by Little_My

[grrrrreat 109]

Sorry, I thought I used the Family one because of the marriage.

I entered as a visitor with no Visa to visit a relative for one month. While I was visiting, one thing lead to another and I decided to see where things went with this girl, so I stayed. We're now married. The guy at the border wrote in my information and what I was telling him under my file, including my intended return date (first week of January). My original intent when crossing the border was just a visit, but this is what happened. My goal now is to go to school here in the US (I was about to go to College in Canada before I came down), since I'd probably end up working in the US anyway in my field.

So I have to file an I-130 along with the rest of the forms in this guide? Does anyone know what to fill in in the spots I mentioned in the OP?

The warning at the start of that guide has me worried...

Okay, let's have a little chat between you and me. It sounds like up until now you've been going about your merry way without paying too much attention to U.S. immigration rules. That's understandable, as most people don't want to have to think about that stuff and just enjoy their lives. But you're married now (congratulations!), and you want to make a permanent home for yourself with your wife in the U.S. Welcome!

So it's time to get serious. It's time to read the very helpful guide here: http://www.visajourney.com/content/i130guide2 It's time to download all the forms mentioned there and read their instructions. Then, re-read everything and come back if you have more questions. After you understand everything, go gather up all the required documents and plan to put in a few hours filling out the forms and getting all your evidence ready. You can always come back if you get stuck. Your wife has to be involved in this too--she's gotta fill out the I-130 petition and fill out I-864 to sponsor you financially.

Don't let the warning scare you! If you are married to a U.S. citizen and entered the U.S. lawfully, you most likely will not have any problems. But you have to do it the right way. You have to fill out forms carefully and provide all the evidence that the U.S. government is asking for.

After you've read anything, gotten your questions answered, collected your documents, gotten a medical examination, and carefully filled in ALL the forms, only then will it be time to send your package. Only then are you on your way to becoming a permanent resident of the United States. From that point, it's going to be several months of waiting and anxiety--only to be followed by an interview where a government officer is going to decide whether your marriage is bona fide. Hopefully, if you've been careful and serious about putting the paperwork together, the officer will tell you you're approved! Or you'll get a text or an email or a letter in the mail! And you'll be issued your very own Green Card.

Then, if you haven't been married for two years--you'll get a conditional Green Card and have yet ANOTHER interview two years later to make sure your marriage is still bona fide. After all that expense and effort and time, you'll get a permanent Green Card and will be able to live in the U.S. as long as you want. And three years after you get a Green Card, you can apply to become naturalized as a U.S. citizen!

It's a lot of money, time and work, but people are on this board to help you because they think it's worth it. So just go read the guides and the forms over and over and then come back with any questions you have.

[ACanadianAbroad 0]

It's definitely something you need to prepare for. You were stopped and questioned because they thought you were attempting to stay in the US, and it turns out, that's what you did. Did you provide them proof of ties to Canada? Anything that you can use that shows you honestly were attempting to simply visit? It's going to be up to you to prove that this wasn't your intention all along.

I had my banking info and paystubs in the glovebox, but never presented them because I COMPLETELY forgot that I had them with me, in regards to ties to Canada. I didn't realize it until about 30 minutes after we were across, and I felt really stupid for forgetting them I was living with a family member and wasn't on a lease so that was all I had.

It also sounds like there is a written record of you spesifically stating that you are not going to marrya a US citizen and stay in the US - and then you proceeded to do exactly that. I am not fully aware how a material misrepresentation case can be/is usually made, but I would assume that your situation is one where there is a risk of that happening. The time betwee you crossing ovr and specifically stating you were not going to marry and AOS, and you marrying and filing for AOS, is just a few weeks - personally, I am not sure if I would be comfortable taking that chance, and I would probably go for the CR-1 spousal visa route instead. If you choose to proceed with AOS in the US, then follow the guides on VJ, read all the instructions carefully, and as stated by grrrreat, be prepared to explain in a very logical and convincing way how you suddenly changed your ming within a couple of weeks from what you originally had said your plan was when you crossed over to the US.

There was no talk of marrying or not marrying anyone, the only thing we talked about was who I was visiting, how long I was staying, how I knew the woman driving me, etc. Does a CR-1 require me to go back to Canada?

[grrrrreat 109]

I had my banking info and paystubs in the glovebox, but never presented them because I COMPLETELY forgot that I had them with me, in regards to ties to Canada. I didn't realize it until about 30 minutes after we were across, and I felt really stupid for forgetting them I was living with a family member and wasn't on a lease so that was all I had.

There was no talk of marrying or not marrying anyone, the only thing we talked about was who I was visiting, how long I was staying, how I knew the woman driving me, etc. Does a CR-1 require me to go back to Canada?

Yes you have to go back to Canada for the CR-1, but not until you're ready to interview there. But if you don't think you'll have misrepresentation problems, read my post and the guide I linked just up above and proceed to adjust status.

[ACanadianAbroad 0]

Okay, let's have a little chat between you and me. It sounds like up until now you've been going about your merry way without paying too much attention to U.S. immigration rules. That's understandable, as most people don't want to have to think about that stuff and just enjoy their lives. But you're married now (congratulations!), and you want to make a permanent home for yourself with your wife in the U.S. Welcome!

So it's time to get serious. It's time to read the very helpful guide here: http://www.visajourney.com/content/i130guide2 It's time to download all the forms mentioned there and read their instructions. Then, re-read everything and come back if you have more questions. After you understand everything, go gather up all the required documents and plan to put in a few hours filling out the forms and getting all your evidence ready. You can always come back if you get stuck. Your wife has to be involved in this too--she's gotta fill out the I-130 petition and fill out I-864 to sponsor you financially.

Don't let the warning scare you! If you are married to a U.S. citizen and entered the U.S. lawfully, you most likely will not have any problems. But you have to do it the right way. You have to fill out forms carefully and provide all the evidence that the U.S. government is asking for.

After you've read anything, gotten your questions answered, collected your documents, gotten a medical examination, and carefully filled in ALL the forms, only then will it be time to send your package. Only then are you on your way to becoming a permanent resident of the United States. From that point, it's going to be several months of waiting and anxiety--only to be followed by an interview where a government officer is going to decide whether your marriage is bona fide. Hopefully, if you've been careful and serious about putting the paperwork together, the officer will tell you you're approved! Or you'll get a text or an email or a letter in the mail! And you'll be issued your very own Green Card.

Then, if you haven't been married for two years--you'll get a conditional Green Card and have yet ANOTHER interview two years later to make sure your marriage is still bona fide. After all that expense and effort and time, you'll get a permanent Green Card and will be able to live in the U.S. as long as you want. And three years after you get a Green Card, you can apply to become naturalized as a U.S. citizen!

It's a lot of money, time and work, but people are on this board to help you because they think it's worth it. So just go read the guides and the forms over and over and then come back with any questions you have.

Thank you. I definitely wasn't paying much attention to immigration rules, I just came down to visit my cousin and ended up falling in love. I thought she could be the one, so I stayed to see if what I thought was true. I lost my job back home in the process (of course), but I would have regretted it forever if I just left and we never knew what we could have had. Turns out she is the one, I'm glad I stayed to find out.

I realize it looks bad, but the reality is it's just what happened. I hope what you've said is true, that as long as it's all legit (which it is), that I shouldn't have any problems. That's what I've heard, and knowing that lessens my anxiety by a lot. I'll follow that guide and get to work on it. Thanks to those who responded about what to fill in.

This is slightly unrelated, but am I able to apply for College or schooling right now? Or do I have to wait until I get a green card and this process is over?

[Penny Lane 8,159]

You will likely have to wait. See what schools around you require for registration.

[grrrrreat 109]

Thank you. I definitely wasn't paying much attention to immigration rules, I just came down to visit my cousin and ended up falling in love. I thought she could be the one, so I stayed to see if what I thought was true. I lost my job back home in the process (of course), but I would have regretted it forever if I just left and we never knew what we could have had. Turns out she is the one, I'm glad I stayed to find out.

I realize it looks bad, but the reality is it's just what happened. I hope what you've said is true, that as long as it's all legit (which it is), that I shouldn't have any problems. That's what I've heard, and knowing that lessens my anxiety by a lot. I'll follow that guide and get to work on it. Thanks to those who responded about what to fill in.

This is slightly unrelated, but am I able to apply for College or schooling right now? Or do I have to wait until I get a green card and this process is over?

You'll have to research the requirements of schools around you. Some will say no right now, some will say you can apply when you have an EAD (employment authorization document). Some might admit you but you'll have to pay your own way.

When you file your application, you can include form I-765. That form will request an EAD, which is temporary permission to work until you get a Green Card. It takes a few months to get an EAD, but it usually happens before you get a green card.

Once you have an EAD you can work and probably attend school, if you can pay your own way.