Where to submit/file.

[TonyDanza 0]

Hey all.

OK. My marriage papers are in my hand. For those that haven't previously helped or seen my post, my situation is...

Canadian Citizen who entered on a US Tourist Visa

Overstayed by close to a year past the 6 months

Now married to a US citizen and did so without a K-1 (married in the US and havent left since. Married in Las Vegas.)

So I am submitting my AOS i-130 and am wondering where I should send it to as you all seem to have varying stories regarding transfers, processing times, etc. I am looking to send it to the right place first time out. Try to reduce transfer times if I possibly can.

I live in Nantucket, MA. (Mass)

Also, am I correct in my assumption that I should file all three of these forms together.

i-130 Adjustment of status

i-134 Affadavid of support

i-485 Application to register permenint status plus a biometrics form(?)

Am I missing any?

Anyway, hey...thanks all. I saved alot of money I dont have from advice here. Great to see.

Edited October 1, 2008 by TonyDanza

[TonyDanza 0]

Also, I just wanted to mention 2 other things.

I know when filing both together I should submit to the Chicago, IL office correct? But I noticed that many of you who do so, then have your case transfered to California. Any reason why? Should I just file directly to the best 'end' office if such a thing exsits?

And I dont know my EXACT entry date into the US. It is not in my passport, and I have no record of it. It was on the train, and as I am Canadian, I was not given a i-94 at the border. Is a rough estimation or intelligent guess OK? Anyway thanks again folks.

[YuAndDan 153]

Every thing goes to the Chicago PO Box. This is the mail precessing center for National Benefits CTR, they decide if an interview is required or NOT, at which time they send the I-485 to CSC or your field office. In your case it wont get transferred to CSC because you were not interviewed by an IV unit at a US consulate for an IMMIGTANT intent visa, like K-1, you will be interviewed by USCIS at a field office.

You need to file I-102 for a replacement I-94 inorder to file the AOS petition. USCIS needs evidence of legal entry to the USA, the I-94 is required for this.

[TonyDanza 0]

Thanks for the reply!

Can this be confirmed by other Canadians? The i-102 ; an i-94 replacement form.

Because it is not like I 'lost' my i-94, in fact, I was never issued one in the first place. Canadians are sometimes not required. Thanks.

[ellla 0]

I know when filing both together I should submit to the Chicago, IL office correct? But I noticed that many of you who do so, then have your case transfered to California. Any reason why? Should I just file directly to the best 'end' office if such a thing exsits?

You should submit your applications to Chicago, only some of the K1 visas (and rarely K3) are transferred to CSC, you will definitely have interview with your local office, but USCIS will take care of transfering your file there.

Double check with other Canadians on the forum, it is possible that you won't have to apply for I-94 replacement, I'm sure someone who went thurough this will answer. good luck!

[sweetpiano 0]

There is no such thing as filing with the end office, everything has to go to the Chicago lockbox, there it is receipted and routed to the National Benefits Center in Missouri. The NBC then works on your EAD (Employment Authorization Document) and AP (Advance Parole) (if you're applying for these interim benefits) and then transfers your file to either CSC (California Service Center) - usually for people adjusting from K1/K3 visas, or to your local field office (for those adjusting from other visas, like you) for interview. You can look up your field office by entering your zip code on the USCIS website.

Your spouse needs to file Form I-864 Affidavit of Support, not I-134. Also, are you applying for a work permit (EAD) and travel document (AP)? They are included in the price of AOS ($1,010) and allow you to work and travel prior to actually receiving your green card, which can take months.

Good luck!

[Krikit 1,164]

Thanks for the reply!

Can this be confirmed by other Canadians? The i-102 ; an i-94 replacement form.

Because it is not like I 'lost' my i-94, in fact, I was never issued one in the first place. Canadians are sometimes not required. Thanks.

Correct.... Canadians do not receive I-94's (unless there is an exceptional circumstance) so there is nothing to replace. You may want to visit the Canada Forum. You'll find quite a few members in there who have been through the same thing.

Welcome to VJ, Tony.