Form i-485 and EXPIRED visits/visas.

[TonyDanza 0]

Hey all.

Trying to file my packet today, and I have 2 issues.

1) Form i-485 instructions cleary say under item 10-D that;

You are NOT eligible for Adjustment of Status if any of the following apply to you;

D) Your authorized stay expired before you filed this application.

Well as stated before, I entered as a Canadian with a 6 month tourist visa to which I have overstayed by a little more than a year. Meaning my 'authorized' stay has expired. I was under the impression that I was to fill this form out and submit it with my packet of...so what do I do now or about this situation?! Any ideas or experience?

i-130 (married to US born wife)

i-864 AOsupport

Passport Photos, Proof Marriage, Medical.

other question is, am I missing anything. I am not so concerned with AP and temporary work auth.

Then all in an envelope and off to Chicago right. Thanks for the help all.

Paul.

[payxibka 10,045]

It says:

Unless you are applying for creation of record based on continuous residence since before January 1, 1972, or adjustment of status under a category in which special rules apply

[YuAndDan 153]

Check box "A" you are attaching an I-130, that once approved would result in a visa under the un-limited class.

File I-765 anyway, it costs NOTHING when based on pending I-485, and will get you an EAD card which is ID, and will allow you to apply for SSN which helps with other things.

[TonyDanza 0]

Oh sorry, these forms a bit confusing at times. So, I am assuming 'special rules' do apply in the case of a simultaneous i-130 packet submission? I will also then add the i-765 form. And I guess I missed that aforementioned prelude to section 10. Those little 'or' comments can trip a fella up!

Also, do I file ANYTHING biometrics related (forms) with this packet. Or I just sit and wait till they instruct me to do so. Last but not least, i-485 also requires my birth certificate or other item proving birth as related to title 8 cfr 103.2(B)(2).

I don't have this document and it will take at least weeks to get a replacement one from Canada, so does a passport not work? Or anything else? I tried to find that section I mentioned above and cannot. So I just dont want to delay my filing. The Army is already looking a bit iffy with this lengthy process added to my encrouching 18x special forces age of 30. ;(

Thanks all. You guys RULE> Appreciate any and all help.

Edited October 23, 2008 by TonyDanza

[TonyDanza 0]

Forget that comment on the Birth Cirtificate. Wife just found it. Did you all send the original or a photocopy?

[YuAndDan 153]

Oh sorry, these forms a bit confusing at times. So, I am assuming 'special rules' do apply in the case of a simultaneous i-130 packet submission? I will also then add the i-765 form. And I guess I missed that aforementioned prelude to section 10. Those little 'or' comments can trip a fella up!

Also, do I file ANYTHING biometrics related (forms) with this packet. Or I just sit and wait till they instruct me to do so. Last but not least, i-485 also requires my birth certificate or other item proving birth as related to title 8 cfr 103.2(B)(2).

I don't have this document and it will take at least weeks to get a replacement one from Canada, so does a passport not work? Or anything else? I tried to find that section I mentioned above and cannot. So I just dont want to delay my filing. The Army is already looking a bit iffy with this lengthy process added to my encrouching 18x special forces age of 30. ;(

Thanks all. You guys RULE> Appreciate any and all help.

G-325A from petitioner and beneficiary is needed for I-130, and another G-325A for applicant (foreign citizen) needed for I-485.

Note: treat each form as separate, they DO NOT share any supporting docs, passport pics or evidence. (Send everything together in same envelope, but use clips or bands to separate them.

Just follow these guides:

http://www.visajourney.com/forums/index.ph...page=i130guide2

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

Code the I-765 (C )(9 ) based on pending I-485.

Send everything to the Chicago PO Box mentioned in form I-485.

Forget that comment on the Birth Cirtificate. Wife just found it. Did you all send the original or a photocopy?

Photo copies.

USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD (NOTE very useful info)

[cdn_in_wa 1]

Forget that comment on the Birth Cirtificate. Wife just found it. Did you all send the original or a photocopy?

Make sure it's the long form BC (which shows both parents names) or you will get an RFE.

If you don't have the long form, you could still file your paperwork now with the short form BC and order the long form from your province so you have it ready to send when you get the RFE.

[sweetpiano 0]

Don't forget the medical, Form I-693.

[EstebanTrabajos 7]

Forget that comment on the Birth Cirtificate. Wife just found it. Did you all send the original or a photocopy?

Photocopy

[TonyDanza 0]

Don't forget the medical, Form I-693.

I already took and passed my medical. They gave me that sealed envelope with the results (although it was ONLY sealed by 2 rubber ink stamps and not clear tape) by the civil surgeon. I filled out some form in their office which I think is IN that envelope...possibly i-693. Do I need more than that? Did you send a medical form which was not in that sealed form?