AOS for spouse & child

[fastplz 0]

My spouse and my child stay with me and I am a US Citizen, I am going to file AOS(485,130,864.131,765 etc) for my spouse and my child, Does my spouse and my child(under 12 years old) require a separate visa petition?

[payxibka 10,045]

My spouse and my child stay with me and I am a US Citizen, I am going to file AOS(485,130,864.131,765 etc) for my spouse and my child, Does my spouse and my child(under 12 years old) require a separate visa petition?

separate everything

[fastplz 0]

My spouse and my child stay with me and I am a US Citizen, I am going to file AOS(485,130,864.131,765 etc) for my spouse and my child, Does my spouse and my child(under 12 years old) require a separate visa petition?

separate everything

Thanks for your quick response, should i put all files in one big envelop? or do it separate? how much it will cost(I485+I130+I864+I131+I765 +etc)?

[Chica Yeyé 41]

What visa did they use to enter the US?

[payxibka 10,045]

My spouse and my child stay with me and I am a US Citizen, I am going to file AOS(485,130,864.131,765 etc) for my spouse and my child, Does my spouse and my child(under 12 years old) require a separate visa petition?

separate everything

Thanks for your quick response, should i put all files in one big envelop? or do it separate? how much it will cost(I485+I130+I864+I131+I765 +etc)?

assemble separately but you can include all in one envelope

I-485 spouse ($1010)

I-485 child ($600) if filed WITH spouse I-485 otherwise $930 if filed separately

I-130 each ($355)

I-864 no charge

I-765, I-131 no charge if filed with or after I-485

separate fee payments as well so in your situation write 4 checks

Edited October 27, 2009 by payxibka

[fastplz 0]

What visa did they use to enter the US?

they are canadian, no visa

[Chica Yeyé 41]

What visa did they use to enter the US?

they are canadian, no visa

Wait a second. Did they come in as part of the US-Canada no visa program and just decided to stay? You should have applied for their immigrant visas (for your spouse, your child is -I assume- a USC). This is not recommended.

[fastplz 0]

My spouse and my child stay with me and I am a US Citizen, I am going to file AOS(485,130,864.131,765 etc) for my spouse and my child, Does my spouse and my child(under 12 years old) require a separate visa petition?

separate everything

Thanks for your quick response, should i put all files in one big envelop? or do it separate? how much it will cost(I485+I130+I864+I131+I765 +etc)?

assemble separately but you can include all in one envelope

I-485 spouse ($1010)

I-485 child ($600) if filed WITH spouse I-485 otherwise $930 if filed separately

I-130 each ($355)

I-864 no charge

I-765, I-131 no charge if filed with or after I-485

separate fee payments as well so in your situation write 4 checks

I-485 child($600) if filed WITH spouse I-485, is this mean "not separate everything"? or do I have to put all files in one big envelop? how can they know "child filed with spouse" if I put two separate visa petition to two envelop?

[Danu 19]

What visa did they use to enter the US?

they are canadian, no visa

Wait a second. Did they come in as part of the US-Canada no visa program and just decided to stay? You should have applied for their immigrant visas (for your spouse, your child is -I assume- a USC). This is not recommended.

What Len said. If they came in after you were married and just decided to stay you may have issues at the AOS because they technically aren't suppose to be able to adjust. It would be different if your wife came in as your girlfriend and you guys just decided to elope and then AOS without prior intent, but doing AOS if you were already married and such is going to be looked at as attempting to get around the immigration laws and depending on your adjucator could even end up resulting in your wife recieving a ban from the States. I would think very carefully before you do this.

[Danu 19]

Also wanted to add that if the child is yours biologically you can file a registration of birth abroad to get his/her passport as they would get citizenship through you and not need to adjust their status.

[payxibka 10,045]

My spouse and my child stay with me and I am a US Citizen, I am going to file AOS(485,130,864.131,765 etc) for my spouse and my child, Does my spouse and my child(under 12 years old) require a separate visa petition?

separate everything

Thanks for your quick response, should i put all files in one big envelop? or do it separate? how much it will cost(I485+I130+I864+I131+I765 +etc)?

assemble separately but you can include all in one envelope

I-485 spouse ($1010)

I-485 child ($600) if filed WITH spouse I-485 otherwise $930 if filed separately

I-130 each ($355)

I-864 no charge

I-765, I-131 no charge if filed with or after I-485

separate fee payments as well so in your situation write 4 checks

I-485 child($600) if filed WITH spouse I-485, is this mean "not separate everything"? or do I have to put all files in one big envelop? how can they know "child filed with spouse" if I put two separate visa petition to two envelop?

replace the word separtely with later

please reread highlighted part of previous post

Edited October 27, 2009 by payxibka

[Chica Yeyé 41]

What visa did they use to enter the US?

they are canadian, no visa

Wait a second. Did they come in as part of the US-Canada no visa program and just decided to stay? You should have applied for their immigrant visas (for your spouse, your child is -I assume- a USC). This is not recommended.

What Len said. If they came in after you were married and just decided to stay you may have issues at the AOS because they technically aren't suppose to be able to adjust. It would be different if your wife came in as your girlfriend and you guys just decided to elope and then AOS without prior intent, but doing AOS if you were already married and such is going to be looked at as attempting to get around the immigration laws and depending on your adjucator could even end up resulting in your wife recieving a ban from the States. I would think very carefully before you do this.

Exactly right. There is a process in place. Your wife might want to give a serious thought to going back to Canada and processing like everybody else does.

[fastplz 0]

What visa did they use to enter the US?

they are canadian, no visa

Wait a second. Did they come in as part of the US-Canada no visa program and just decided to stay? You should have applied for their immigrant visas (for your spouse, your child is -I assume- a USC). This is not recommended.

What Len said. If they came in after you were married and just decided to stay you may have issues at the AOS because they technically aren't suppose to be able to adjust. It would be different if your wife came in as your girlfriend and you guys just decided to elope and then AOS without prior intent, but doing AOS if you were already married and such is going to be looked at as attempting to get around the immigration laws and depending on your adjucator could even end up resulting in your wife recieving a ban from the States. I would think very carefully before you do this.

My spouse holded TN visa and worked here for five years, I thought TN is fine for my spouse, just need renew TN every year or every 3 years, but market is not good now, my spouse lost job, no more TN for my spouse. my spouse and my child travel outside the United State two times and they got back without any problem, Now I decide to file AOS for them, Is there any problem for this? My child is not a USC, I was not a USC when my child was bron in Canada, and I never apply GC for them also.

[Chica Yeyé 41]

That changes things, a little. I will ask some questions, with the only intention of helping you ok?

1. when did her visa expire? You do not want her to accumulate overstay, even if married to a USC.

2. Is the child your biological son? I believe there are special procedures in place for him to gain citizenship as the child of a now USC.

[fastplz 0]

That changes things, a little. I will ask some questions, with the only intention of helping you ok?

1. when did her visa expire? You do not want her to accumulate overstay, even if married to a USC.

2. Is the child your biological son? I believe there are special procedures in place for him to gain citizenship as the child of a now USC.

Thank you very much for your help!!!

1. I thought TN visa was expired when my wife lost her job one years ago,She reenter usa without visa

2,Yes, my child is my biological son.