Confused on what to file?

[pawfectchis 0]

I am a Cdn with a 13 year old son. We have been in Delaware USA for two years now and have not filed our immigration papers yet. I am really confused which way to file. I am reading on the United States Citizenship and Immigration Services website, they talk a whole different language over there than here. I read that my spouse files an application I-485 and we can also send in my I-130 petition for myself and son at the same time. No waiting for approval from the I-485 it is called concurrent filing. Has anyone done this before? I am reading K-3 and CR1 on VJ but see only for me to file this I-130(K-3)nothing for this CR1 form you guys call over here.

[marriedtomrg 141]

Hard to answer your question when your profile doesn't say what visas you and your son entered in...

How long have you been married to your spouse? Is she a U.S. Citizen or a Permanent Resident (Green Card Holder)?

I am a Cdn with a 13 year old son. We have been in Delaware USA for two years now and have not filed our immigration papers yet. I am really confused which way to file. I am reading on the United States Citizenship and Immigration Services website, they talk a whole different language over there than here. I read that my spouse files an application I-485 and we can also send in my I-130 petition for myself and son at the same time. No waiting for approval from the I-485 it is called concurrent filing. Has anyone done this before? I am reading K-3 and CR1 on VJ but see only for me to file this I-130(K-3)nothing for this CR1 form you guys call over here.

[pawfectchis 0]

Hard to answer your question when your profile doesn't say what visas you and your son entered in...

How long have you been married to your spouse? Is she a U.S. Citizen or a Permanent Resident (Green Card Holder)?

I don't really know if we entered on any visa. We were just visiting as a tourist, but we weren't given any visa at the board, they just took our passports and swiped them. I was never given any I-94 or expiry date.

My husband is a US Citizen in the US Air Force. We just got married.

[Darnell 8,479]

if you have a USC spouse, then maybe you'll be ok with filing the 'adjustment of status' - here's a Guide - have a read? --> http://www.visajourney.com/content/i130guide2

it'll be 2 full sets of 'stuff' - one on the cdn wife, one on the cdn child. Be certain you qualify, though, before filing, otherwise you should have yer USC spouse file for VISAS on both of you - I-130s to the lockbox in Chicago - follow http://www.visajourney.com/content/i130guide1

any overstay issues? any 'entrance without inspection' issues? engage an immigration attorney for a 1 hour consult, after you've decided which 'route' to follow.

Edited September 9, 2010 by Darnell

[pawfectchis 0]

if you have a USC spouse, then maybe you'll be ok with filing the 'adjustment of status' - here's a Guide - have a read? --> http://www.visajourney.com/content/i130guide2

it'll be 2 full sets of 'stuff' - one on the cdn wife, one on the cdn child. Be certain you qualify, though, before filing, otherwise you should have yer USC spouse file for VISAS on both of you - I-130s to the lockbox in Chicago - follow http://www.visajourney.com/content/i130guide1

any overstay issues? any 'entrance without inspection' issues? engage an immigration attorney for a 1 hour consult, after you've decided which 'route' to follow.

Thank you for your advice.

[ValerieA 350]

You should be OK to adjust status, as long as you have no misrepresentation issues - ie: you have not given false information to a border guard, or pretended you were a US citizen, stuff like that. Canadians enter on a B-2 visa automatically - 2 years ago, if you were at a land crossing, I am guessing they didn't actually stamp your passport? Also, if you have not left the US in those 2 years, then you have overstayed but, with no other major negative factors, that will have no effect on your case.

Technically, your husband files the I-130 and you file the I-485. Make sure both packages are sent in the same envelope to USCIS. Follow the guides that Darnell gave you the link for, try filling the forms out (and get all your documents together) and then feel free to ask us any questions you still have! Good luck and congratulations!

[pawfectchis 0]

You should be OK to adjust status, as long as you have no misrepresentation issues - ie: you have not given false information to a border guard, or pretended you were a US citizen, stuff like that. Canadians enter on a B-2 visa automatically - 2 years ago, if you were at a land crossing, I am guessing they didn't actually stamp your passport? Also, if you have not left the US in those 2 years, then you have overstayed but, with no other major negative factors, that will have no effect on your case.

Technically, your husband files the I-130 and you file the I-485. Make sure both packages are sent in the same envelope to USCIS. Follow the guides that Darnell gave you the link for, try filling the forms out (and get all your documents together) and then feel free to ask us any questions you still have! Good luck and congratulations!

No there was no misrepresentation at the board. Our passports were also not stamped, just swiped on the keyboard at the crossing. No, we have not left the US in the two years we have been here either. You are good at guessing all this. Thank you for the help. Oh one question, am I adjusting as a visitor or as a family? I don't get that because we are both?

[ValerieA 350]

You are adjusting from a B-2 (visitor) visa. A family visa would be a k-type visa, which is applied for while the beneficiary is still living in their home country.

One last question - have you been working here in the US? It won't be a big deal (unless you have been using an illegal SSN), you just need to be honest about it.

[pawfectchis 0]

You are adjusting from a B-2 (visitor) visa. A family visa would be a k-type visa, which is applied for while the beneficiary is still living in their home country.

One last question - have you been working here in the US? It won't be a big deal (unless you have been using an illegal SSN), you just need to be honest about it.

No I have not been able to work here for the two years because of not having their SIN number equivalent. I have not been doing anything illegal while staying here. Sitting at home quietly with my 5 Chihuahuas. Everyone keeps saying I am adjusting from a visa, I don't have a visa because I never received anything at the vehicle boarder crossing. I just don't get that??

Thank you.

[Darnell 8,479]

What are your thoughts, after carefully reviewing http://www.visajourney.com/content/i130guide2 ??

[Inky 1,111]

No I have not been able to work here for the two years because of not having their SIN number equivalent. I have not been doing anything illegal while staying here. Sitting at home quietly with my 5 Chihuahuas. Everyone keeps saying I am adjusting from a visa, I don't have a visa because I never received anything at the vehicle boarder crossing. I just don't get that??

Thank you.

Canadians do not require a visa to enter USA. That is why people are confusing you!!

SOMETIMES a canadian will be "issued " a writen visa in their passport, the boarder guard generally stamps and wrights B2 on the stamp. Usually they dont do that unless they think you might not return.