US Citizen married Canadian spouse on a B2 tourist visa - AOS

[exogenesis 2]

Hi everyone, I met my Canadian wife while we were both living in China last year. At the beginning of this year, we decided that we wanted to move to South America together, but we stopped in Los Angeles first so she could meet my family and vacation there for a month or two. A little over a month later, I received an amazing job offer here in the US, so I took it, and I decided to propose to my wife and we got married a week later. Now that we're married and I have a job that requires me to stay here in the US, we want to build a life together here instead of in South America.

My wife is here in the US on a B2 tourist visa. We did not plan to stay in the US nor did we plan on getting married, but we are now and we're very happy.

We want to apply for her Adjustment of Status. After doing some research it appears we need to file the following: I-130, G-325a, I-864, I-485. We also plan to file the I-765 so she can look for a job here and the I-131 so we can hopefully travel to Canada this fall to visit her family and have a reception to celebrate our marriage there.

Here are my questions:

1. The Step-by-Step guide on this site states "The fee for I-485 applications includes the cost of the I-131 and I-765." Do we have to pay an additional $420 for the I-130? Are there any other fees I've missed?
2. The I-485 guide says we need a copy of my spouse's valid I-94. Where can we obtain that? She never received anything at the point of entry, just a stamp in her passport saying she has a B2 visa that is good for 6 months.
3. Is it wise to add her to my apartment lease now that we're married, or does it look bad signing onto a 1 year lease when she's only on a tourist visa?
4. We want to show we're in a bonafide marriage, such as getting a checking account together, mobile phone family plan, etc. Anything else we can do?

I truly appreciate any and all assistance you guys can offer me. It's a lot of paperwork and we just want to make sure we're covering all our bases.

Thanks!

Edited May 7, 2013 by exogenesis

[Harpa Timsah 13,258]

1. You need $1070 for the I-485, and $420 for the I-130. You are filing a I-130/I-485 CONCURRENT package. You also need to pay for the medical beforehand.

2. Canadians travelling by land don't get a I-94. if she came by plane from China I'd think she had one, but it's okay. The i-94 is a little white paper stapled in the passport. If she doesn't have one, then just put N/A "Canadian Visitor." I am also assuming that she just came here on her passport, right? She didn't actually apply for a B2 visa, right? Canadians can travel under the terms of a B2 without ever having to apply for it. Anyway, I can;t answer fully without knowing what she's got, and where she entered.

3. It is wise.

4. Health insurance, life insurance, adding both people to utilities.

Good luck.

[exogenesis 2]

1. You need $1070 for the I-485, and $420 for the I-130. You are filing a I-130/I-485 CONCURRENT package. You also need to pay for the medical beforehand.

2. Canadians travelling by land don't get a I-94. if she came by plane from China I'd think she had one, but it's okay. The i-94 is a little white paper stapled in the passport. If she doesn't have one, then just put N/A "Canadian Visitor." I am also assuming that she just came here on her passport, right? She didn't actually apply for a B2 visa, right? Canadians can travel under the terms of a B2 without ever having to apply for it. Anyway, I can;t answer fully without knowing what she's got, and where she entered.

3. It is wise.

4. Health insurance, life insurance, adding both people to utilities.

Good luck.

Thank you so much for your response!

1. When you say "pay for the medical beforehand", are you referring to the medical examination she has to receive for form I-693? Is there another medical exam that she'll have to go through after we submit the applications?

2. We came by plane from Beijing to LA. She had to go through customs at the LAX. They gave her a tough time since she said she wasn't sure how long she was staying, but she told them she planned to fly to Peru after a month or two. She was passed on to a second customs agent, and he stamped her Canadian passport and wrote "B2" for visa type and wrote valid for 6 months. She did not apply for any visa. This process could have gone smoother if she was more specific on how long she was staying here, but we didn't realize they'd be so hard on her.

Thank you again for your advice.

[Harpa Timsah 13,258]

Huh. I thought Canadians would get a I-94 if they travelled by air, but I guess not. It is up to you to prove a legal entry, so I would send a color copy of that stamp as your proof.

I am talking about the "immigration medical" whose results are on form I-693 yes. You make an appointment with a Civil Surgeon by yourself and the CS will give you I-693 in a sealed envelope to send in with the package. There is just one medical exam to do (that takes place over two appointments a few days apart).

[exogenesis 2]

I'll make a color copy of the stamp in her passport. Better safe than sorry.

Thank you so much for your help!

[cleverodra 1]

Forgive my lack of knowledge, but why would she have to apply for I-130? What does this form suffice?

Thanks

[merry 0]

I-130 is the Petition for Alien Relative form that must be applied for by the USC on behalf of the beneficiary.

[merry 0]

1. The I-485 guide says we need a copy of my spouse's valid I-94. Where can we obtain that? She never received anything at the point of entry, just a stamp in her passport saying she has a B2 visa that is good for 6 months.

Candians travelling to the US usually only get I-94s if they are entering on a work visa. On your forms type in "N/A", and - if it lets you - make a note about being CDN and entering on a B Visa. The trouble is, I don't think the form will allow you to enter anything other than a valid # or n/a. Therefore, I would note something regarding the lack of I-94 in your cover letters. (Just a brief sentence, similar to what you would note on the form.)

[Hypnos 6,576]

"None - Canadian Visitor" is usually sufficient for the I-94 field for Canadians, but you will have to submit proof of legal entry (like a passport stamp), as stated.

Edited June 2, 2013 by Hypnos