rockstar

Hi! All looks well, but I would include some more items such as lease or house deed in both your names, life insurance beneficiaries, retirement beneficiaries, utility bills in both your names, etc.

I concur with the others that I think you will be fine, but for reassurance, you might want to do a quick consult with an immigration attorney who specializes in cross border situations with Canada and then move forward with filing. The guides here are super comprehensive!

We just finished an AOS from a TN and had no problems whatsoever - interview was to make sure marriage was legitimate and the TN or dual intent was not questioned. We went forward with no attorney, but did consult an attorney who specialized in TN issues (Canadian side, not Mexican) just to make sure we were not missing anything on our end. I would recommend doing an attorney consult as well just to get a good picture of any issues that may arise, double check your immigration history, etc and then go for it. It sure is a relief on our end not to be worried about renewing another TN. BTW, ours moved quick - timeline is below here in my signature, but EAD was in hand in about 2 months.

I would not change addresses AGAIN - sit tight. Find work-arounds for whatever situation you are in right now - you have an EAD and you have advanced parole I assume, so you can work and travel as needed. Employers do not want to sponsor visas, H1-B's, etc....but I have never seen a world class company reject an EAD because they are afraid the green card won't be approved. HR departments know that it would be illegal to dictate what type of documents an employee presents to show work auth. You can honestly answer any questions by stating that you have work authorization to work for any employer in the US and you are very excited to showcase your skills. In the case of tuition - it is what it is. Good luck to you.

Hi there. Did you sign up for updates on your case? I did, and I received a text and email everytime I had a status change...the website even listed my interview date (though not time). You might consider signing up so that this doesn't happen again. Good luck - 3 hour hold time is crazy!!!

I agree with others - follow these instructions exactly: http://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing

2 hole punch on top all documents and use the ACCO fasteners. Then, when it arrived at the processing center, all they had to do was put the files in the right order in the immigration file, which is a heavy duty folder with very large ACCO fasteners on both the left and right side. By not having to disassemble, hole punch, and reassemble multiple packets, I think they are able to get your applications to processing a lot quicker.

I would add another 40 days to the usual 90 days to receive an EAD, since it took you 40 days to reply the RFE. It might come sooner (hopefully!), but I would prepare to receive the card around January 15th, with the potential for it come earlier. I agree with the previous poster - look for timelines of people who have NOA the same week as you, and see when they are receiving their card and then adjust that date accordingly for the delay of the RFE.

Hi! All has been moving so quickly in our AOS case, but we have been waiting for interview scheduling for 5+ weeks (we received the case status update that we are in line to be scheduled for an interview in late August). Is this a fairly normal wait time for this step in the process or has something gone wrong?

Any help is appreciated.

We are also AOS from TN via marriage to USC. We are in testing and interview - no RFE's (woohoo) and we followed the legendary Warlord and the awesome Curious George's examples. We did consult in depth with an attorney who specializes in TN Status (I agree - it is a status! though it might as well be a de facto visa as the difference is just semantics). If you are going to include your income on the I-864 (which we did not do), you need a letter from your employer stating you are an employee in good standing and the company expects your employment to continue into the future once you have your greencard. By nature, this letter and documentation can make the initial TN employment letter (showing a temporary position) seem contradictory, and I didn't want to ask my company for a new letter. We didn't need to county the TN income, so we didn't. In retrospect, I think it was a great decision for us as the company may have layoffs and we won't have to worry about re-doing the I-864 if that happens prior to the green card interview.

We are currently waiting to be scheduled for our interview. I have learned from the forums and the private messages that there are quite a few couples in the TN to GC through AOS/USC marriage - best of luck to you!!!

Hi,

I am in pending AOS status through marriage to my wife, who is a USC. We are fairly fair along in the greencard process and have been told we are "in queue for interview scheduling" for the Adjustment of status.

Today, we received notice that my EAD and my Advanced Parole documents were approved and ordered for production.

I am currently still working on my TN. I did NOT include any of my income in my AOS package - my wife is my only sponsor and makes enough to sponsor me.

My questions:

1. My company did a big round of layoffs in March and is about to do another round with announcements two weeks from today. If I am laid off, will I be able to apply for unemployment since I will have my EAD to show that I have work authorization? I meet all of the other requirements for unemployment.

2. If the answer to number 1 is "yes" - will filing or collecting unemployment harm my opportunity to AOS for a greencard? I know that unemployment is NOT considered public charge assistance, and I am not using my income in the financial documents for AOS.

ANY HELP would be much and greatly appreciated!

At some point over the past few weeks, I read something in USCIS paperwork that if you do not have a preprinted check with you name and address, they may "invoice" you the fees. Trust me - they are going to get their money one way or another from you. I would not worry about it at this time - just make sure that money remains available in your account. If you are approved and the check was never cashed, you can discuss it with whomever approves your greencard at your interview date.

If you do not send your 2013 taxes, or a letter stating why it was not necessary for you to file a 2013 tax return, then I think you have a very good chance of being issued a new RFE requesting them. I would expedite the completion of your taxes so you can send a copy with your petition - making sure to include every single page of your tax filling, included W-2's, 1099's, etc.

Did you send a copy of all pages of the passport including stamps, in the original submission? If not, then that should do the trick. I would write a brief explaining in detail the circumstances so they are clear. Good luck!

Hi all - bumping this up - hoping to get a few more sets of eyes for cross check. I did add one more thing to evidence of a bonafide marriage, which is a copy of our insurance policies (auto, home, and umbrella) with both names.

Anybody willing to review and crosscheck to make sure I am not leaving anything out, I would be forever grateful! Thank you!

Thank you Melibelle and CdnRN!

Good luck to both of you on your petitions and journeys!

Melibelle - It looks like you did the same thing we did and completed the medical prior to the wedding to get it out of the way! Thank you for the tip on the most recent TN/I-94. Luckily, my husband's last entrance to the US also coincided with his most recent TN application/adjudication at the border, so that made life a little easier.

Would love to hear how both of your interviews go.....hope things move quickly for all of us in the TN to greencard scenario!

Hi there!

I am in the final stages of preparing our package for my husband....he is a Canadian who was here under TN status, we fell in love, had a child and married earlier this month! Here are my 2 detailed cover letters for the I-130 and I-485. I will do an overall cover letter for the package and clip the G-1145 on top of that.

PLEASE review - in cases of doubt, I went with over-submitting whether than under-submitting.

NATURE OF THE SUBMISSION: I-130 ORIGINAL SUBMISSION

Dear USCIS,

Enclosed please find form I-130, Petition for Alien Relative, and the supporting documents. The petition is filed by USC, a United States Citizen, on behalf of husband Foreign Spouse, a citizen of Canada. Concurrently with this I-130, Foreign Spouse and USC have filed form I-485 and all the supporting documents.

Contents of I-130 package:

A. Payment (personal check)

B. Cover letter

C. Form I-130, Petition for Alien Relative

D. Copy of Full Birth Certificate (Kentucky) for US Citizen USC

E. Copy of Intended Immigrant Foreign Spouse’s (Canadian) Birth Certificate

F. Copy of Intended Immigrant Foreign Spouse’s Canadian Passport, all pages

G. Copy of Electronic I-94

H. Copy of Certified Marriage Certificate of USC and Foreign Spouse

I. G-325 Completed by US Citizen USC

J. 1 Passport-Style Photo of US Citizen USC

K. G-325 Completed by Intended Immigrant

L. Page containing additional information for G-325 (Addditional Employers) for Intended Immigrant

M. 1 Passport-Style Photo of Intended Immigrant

N. Evidence of a bonafide marriage Cover Letter, stating evidence included:

1. Copy of Birth Certificate of Child of USC and Foreign Spouse, (name). Mother (USC, US Citizen) and Father (Foreign Spouse, Intended Immigrant) both listed on birth certificate.

2. Copy of Lease Agreement showing USC and Foreign Spouse live together.

3. Bank Statement from Bank of America, showing USC and Foreign Spouse have co-mingled finances for checking and savings accounts.

4. Letter from Blue Cross and Blue Shield, showing USC and Foreign Spouse are covered on the same health insurance policy.

Thank you for your time and patience,

USC, US Citizen

Foreign Spouse, Alien Spouse, Intended Immigrant

NATURE OF THE SUBMISSION: I-485 ORIGINAL SUBMISSION

Dear USCIS,

Enclosed please find form I-485 and the supporting documents. The form is filed by Canadian Citizen Foreign Spouse, whose eligibility is based on his immediate relative (spouse), USC, a United States Citizen..
Their marriage took place on 06/##/2014 and an I-130, petition for alien relative, is filed concurrently with this I-485.

Contents of I-485 Package:

A. Payment

B. Cover Letter

C. Form I-485, Application to Adjust Status

D. Copy of Intended Immigrant Foreign Spouse’s Canadian Passport, All Pages

E. Copy of Intended Immigrant Foreign Spouse’s Electronic I-94 Form

F. Copy of Intended Immigrant Foreign Spouse’s Canadian Birth Certificate

G. A Copy of Certified Marriage Certificate for Foreign Spouse and USC

H. G-325A Completed and Signed by Foreign Spouse

I. Sheet containing additional information (employers) for G-325A

J. 2 Passport-Style Photos of Foreign Spouse

K. I-693, Completed and Sealed in Yellow Envelope by Civil Surgeon

L. I-864, Affidavit of Support and Required Evidence as follows:

1. Letter from Employer, Horizon Pediatric Therapy, Showing Current Annual Salary of $26,130.00 for Sponsor USC

2. Copy of 2013 Federal Tax Transcript showing 2013 Federal Tax Return for USC

3. Statement regarding Sponsor USC not filing 2012 or 2011 Tax Return because not required to file (no income during those years)

4. Letter documenting nature and location of $10,000 in available cash assets currently.

a. Bank Statements from Bank of America for past 12 months showing deposit and balance history.

5. Copy of recent paycheck stubs

6. Copy of Sponsor USC’s US Birth Certificate

M. I-765 Form and Required Documents as follows:

1. Copy of Electronic I-94 for Foreign Spouse

2. Copy of Canadian Passport for Foreign Spouse

3. 2 Passport-Style Photos of Foreign Spouse

4. Copy of Birth Certificate of Foreign Spouse

N. I-131, Application for Travel Document

1. Copy of Driver’s License of Foreign Spouse

2. Copy of Electronic I-94 for Foreign Spouse

3. Explanation showing circumstances that warrant issue of Advanced Parole Travel Document

4. Copy of Canadian Passport (all pages) for Foreign Spouse

5. 2 Passport Style Photographs of Foreign Spouse

6. Copy of Birth Certificate of Foreign Spouse

USC, US Citizen

Foreign Spouse, Alien Spouse, Intended Immigrant

About to send off AOS paperwork. For i-864, I did not work 2011 and 2012. 2013 I went back to work a partial year and my 2013 tax transcript is short of income by a few grand to meet the i-864P thresholds.

For 2014, I have a letter from my employer showing I recently received a raise as of May 2014, and the letter states my new annual salary as of May 2014 which does (barely) meet the I-864P guidelines. I also have paycheck stubs showing I am working, but they have my wage before my raise, which would still leave me short for the I-864P requirements by about $500.00. I have one paycheck stub with my raise, which when calculated annually, shows I do meet the I-864P requirements.

I do have assets I could list - cash savings account with $10,000 and a number of retirement accounts.

Should I go ahead and list the assets and send in the documentation just to be on the safe side?

Can retirement accounts be used as assets?

Thank you for any help you can provide.

Thanks Kaydee! Has anybody else been in this situation? Wondering how things went for you....

Hi there!

I did not work from 2008 - 2012 as I was a stay at home mom to our son.

2013 - I worked part time mid Feb through December 2013 and my W-2 and tax transcript shows 22,000 (per I-864P, I need to show $24,737), so I do NOT meet the requirements based on my 2013 taxes to sponsor my husband.

I am still working the same job, same hours, for the same employer, but in Mid May, I received a raise of $1.25/hour. I have a letter from my employer stating I work X number of hours a week on average and my salary is ****/hour and annualizes out to $26,130, which is above the threshold for the 2014 I-864P for my family size. It is only because of this raise that I will make the cutoff for salary in 2014 to sponsor my husband.

I do have the letter from my employer and my mid-May and more frequent stubs will show the new hourly rate. However, my last year taxes and paycheck stubs prior to Mid-may will NOT show that I make enough money to sponsor.

Has anybody been in this situation?

My thought was that they will be more concerned about my current status (letter from employer stating I work ___hours @ _____/hour which annualizes to above the needed amount on the I-864P, but as we are about to file, I am getting a bit paranoid.

Please help!

Much of the visa part of the process is user dependant (how quickly you respond to NVC information requests) and the interview schedule backlog at the respective consulate... can be done in a couple of months in some cases but more likely a little longer....

Thanks for the reply!!

Hey, thanks for super speedy reply.

I have reviewed the guides you mentioned, but have only been able to find the processing times for the I-130 to be processed. But I am wondering, once an I-130 is approved, typically how long does the visa process take?

Thank you in advance for your time and advice.

I am a US citizen and my husband is a Canadian citizen working here in the US on a TV visa. Our situation is going to change dramatically soon as we are most certain that my husband will be terminated from his job within the next month.

If we would like to go the Green Card route, please help me understand a few things.

1. It looks like the I-130 is taking about 5 months to be processed. Once that is approved, can husband immediately come down to the US to live or is there more waiting?

2. After the I-130 is approved, what is the timeframe in order for him to be able to have work authorization for working in the US?

3. Can he travel from Canada to the US to visit us during the time while we have a pending I-130? (while retaining residency, etc in Canada and truly coming for 2 week visits?) As an FYI, we have a 2 year old and I can not stand the thought of him not seeing his dad for such a long time.

Thank you again for your expertise and experiences everyone. I am happy to find this forum!!!