Questions while filling out forms

[ValerieA 350]

A bit of background - I have been, up until this point in time, doing the CR-1 process. However, due to an oversight by my lawyer (I did not know about this site when I filed) I did not get a copy of my criminal record from the RCMP before coming to visit my husband in Houston. Of course, this caused an RFE at NVC. To get one takes around 6 months, and Montreal is so backlogged, that there would be another 3 months tacked onto that before an interview. So, another 9 months total of not being with my husband. Since I am with him now, we are talking about just switching to AOS - I definitely did not have any plans to immigrate when I came into the US, and have paid money into the CR-1 process since arriving, as proof.

I am filling out the forms (not using the lawyer for this, as she screwed up too badly already, and now I know about this site and don't need her!) and have some questions:

1. Do I need to fill out another I-130 and pay the fee?

2. Can I fill out all the forms in my married name, even though my passport is in my maiden name?

3. Do I use the A# from the CR-1 process, or leave it blank?

4. I flew from Pearson Airport in Toronto, and went through US border inspection there. Is my point of entry there, because that is where the inspection was, or Houston, TX, where the plane landed?

Thanks for any help you can give me.

[trailmix 77]

I have a couple of questions for you. You sent in your I-130 on October 1st, 2009, which was 209 days ago, you received your NOA1 203 days ago, so basically, at this point, you are overstaying?

You were married in June of last year, have you left the U.S. since then?

Yes, you will have to start from scratch - all forms, fees etc.

Edited April 28, 2010 by trailmix

[ValerieA 350]

Yeah, I have hit the overstay. I got here in Oct 2009, so I am no where near the 180 day mark yet, but I know if I am going to file OAS, I should do it soon to stop the clock on the overstay! Darn, I was hoping I wouldn't have to refile the I-130. <img src="http://www.visajourney.com/forums/public/style_emoticons/default/blush.gif"> <div><br></div><div>To clarify - we got married in NY when he was in Toronto with me for a vacation.<br><br>Thanks, Trailmix.

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Edited April 28, 2010 by ValerieA

[trailmix 77]

Oh ok, no I meant have you been in the U.S. for 180 days, not overstayed for 180

I guess the question really is, did you file your I-130 before you entered the U.S. this time? If so, I think it might be next to impossible to prove you didn't have immigrant intent as you had filed a petition for an immigrant visa.

If you waited and filed the I-130 after you entered, well that might just fly.

The reason I asked about the overstay is, if you do leave as you had planned, there may be repercussions for that.

This may be more complicated than it appears, or it might not.

Edited April 29, 2010 by trailmix

[ValerieA 350]

Oh ok, no I meant have you been in the U.S. for 180 days, not overstayed for 180

I guess the question really is, did you file your I-130 before you entered the U.S. this time? If so, I think it might be next to impossible to prove you didn't have immigrant intent as you had filed a petition for an immigrant visa.

If you waited and filed the I-130 after you entered, well that might just fly.

The reason I asked about the overstay is, if you do leave as you had planned, there may be repercussions for that.

This may be more complicated than it appears, or it might not.

Yes, I filed the I-130 on Oct 1st, and entered the US on Oct 9th. I had every intention of returning to Canada and wrapping up my life there, while I waited for the interview, and thus continued along the process (NOA2, NVC and all related fees). Since I have not overstayed >180 days, I believe I do not have to file a waiver? That the problems do not start until you go over the 180 day mark?

Yes, it is complicated. I am just trying to get my ducks in a row and make a decision about what I should do.

[ValerieA 350]

I am just going to keep adding to this thread while I go through all this. I am filling out the forms in advance, so if I do go this route, it is just a matter of filing them. For some reason, I have lost any semblance of patience I possessed before I started with US immigration

Going thru the AOS guide, it says that you need a certified copy of your marriage certificate and divorce documents for the I-130. The I-130 instructions just say a copy, unless I am misinterpreting something? Also, I believe I need a copy of my court records for the I-485, even though this is not on the guide. Who should I ask if the guide needs to be updated, or if I am incorrect?

Edited April 29, 2010 by ValerieA

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a vistors visa and the prior forum is for K1, K2, K3 & K4**

[GabiandVi 34]

I am just going to keep adding to this thread while I go through all this. I am filling out the forms in advance, so if I do go this route, it is just a matter of filing them. For some reason, I have lost any semblance of patience I possessed before I started with US immigration

Going thru the AOS guide, it says that you need a certified copy of your marriage certificate and divorce documents for the I-130. The I-130 instructions just say a copy, unless I am misinterpreting something? Also, I believe I need a copy of my court records for the I-485, even though this is not on the guide. Who should I ask if the guide needs to be updated, or if I am incorrect?

I called about this because I was having trouble finding a notary who would certify a copy of my marriage cert. and certified translation and NO WAY was I letting go of that thing because I wouldn't have a clue where to begin to replace it, and I was told anywhere you are asked for copies unless it specifically states otherwise, a simple but ledgible photocopy would be acceptable.

[ValerieA 350]

Thanks! And apparently, I do not need to refile an I-130, since I do already have an approved one - according to my lawyer, who seemed very sure about this. Well, we will see how it goes. I am filing tomorrow. Fingers crossed!