Filing for Adjustment of Status, renewed passport while in the US

[exogenesis 2]

Hi everyone,

I'm a US citizen and my wife is a Canadian. My wife has been here for a few months now, but her Canadian passport was expiring so she applied for a new one and Passport Canada mailed her a new one to my US address.

When she arrived at LAX, they stamped her expiring passport and wrote B-2 visa (she was planning on just visiting to meet my family and travel to South America afterwards, but I proposed to her and we got married last month).

Should we photocopy the main page of her old passport, the stamped page, AND the main page of her new passport?

Should we include an explanation about this somewhere in the application?

I appreciate any advice given!

[grrrrreat 109]

Hi everyone,

I'm a US citizen and my wife is a Canadian. My wife has been here for a few months now, but her Canadian passport was expiring so she applied for a new one and Passport Canada mailed her a new one to my US address.

When she arrived at LAX, they stamped her expiring passport and wrote B-2 visa (she was planning on just visiting to meet my family and travel to South America afterwards, but I proposed to her and we got married last month).

Should we photocopy the main page of her old passport, the stamped page, AND the main page of her new passport?

Should we include an explanation about this somewhere in the application?

I appreciate any advice given!

You should include copies of at least the biographical pages and the page with the entry visa with your application (some people copy and send every page). A current passport is not required to adjust status.

When you're interviewed with USCIS, you should bring both passports though. They may choose to inspect the original expired passport and entry stamps. They'll use the new passport as proof of her identity and perhaps stamp a temporary LPR document in it if you are approved.

[exogenesis 2]

You should include copies of at least the biographical pages and the page with the entry visa with your application (some people copy and send every page). A current passport is not required to adjust status.

When you're interviewed with USCIS, you should bring both passports though. They may choose to inspect the original expired passport and entry stamps. They'll use the new passport as proof of her identity and perhaps stamp a temporary LPR document in it if you are approved.

Thank you so much for your reply.

We went ahead and made copies of the biographical pages in both her expired passport and her new passport, and we also copied the page with the stamp she received at customs in the airport.

Is there any benefit to copying every single page of the passport? For my US passport I just copied the biographical page, and I'm adding a color copy of my birth certificate, too.

[Harpa Timsah 13,258]

Copying each page shows that it really comes from your passport, not stolen from someone else's. Since there is some confusion with multiple passports I might do it.

[merry 0]

I think the applications ask for copies of every page of your and your spouses passport. I also think they ask for any documents (even expired) that your wife would have used to enter the US, which would include her expired passport.

[grrrrreat 109]

I think the applications ask for copies of every page of your and your spouses passport. I also think they ask for any documents (even expired) that your wife would have used to enter the US, which would include her expired passport.

You are wrong on both counts. The I-485 asks for:

Copy of passport page with nonimmigrant visa

If you have obtained a nonimmigrant visa(s) from a U.S. Embassy or consulate abroad within the last year, submit a photocopy(ies) of the page(s) of your passport containing the visa(s).

and your I-94 or other proof of entry (such as stamp in passport).

For the interview, the I-485 requests:

You must bring your Arrival-Departure Record (Form I-94) and any passport or official travel document you have to the interview.

[woods15 1]

Exogensis,

I was in the exact same boat as you and your wife. This is what I included with our AOS packet.

- Copy of expired Passport (Biographical page as well as stamps)

- Copy of I-94 (front and back)

- Copy of current passport (biographical page)

This is exactly how I listed it on the cover page for my I-485. I didn't provide any other explanation and had no problems with my application. I plan on bringing both my passports to the interview next month.

[exogenesis 2]

Exogensis,

I was in the exact same boat as you and your wife. This is what I included with our AOS packet.

- Copy of expired Passport (Biographical page as well as stamps)

- Copy of I-94 (front and back)

- Copy of current passport (biographical page)

This is exactly how I listed it on the cover page for my I-485. I didn't provide any other explanation and had no problems with my application. I plan on bringing both my passports to the interview next month.

Great, that makes me feel better. Other than the I-94, which we never received (they just stamped her passport and wrote B-2 visa), that's exactly what we did.

Thanks for your reply. I'm glad you didn't have any issues with the I-485. Good luck with your interview next month!

[hmh33 117]

Canadian nonimmigrants traveling to the US in visitor (B-1/B-2) status don't generally get I-94s. Where the forms ask for I-94 number, you should put "none (Canadian)" and be sure to include a copy of the entry stamp along with each form that asks for a copy of the I-94 or the I-94 number.