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-130 and we can also send in my I-485 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.

When I entered the US (vehicle)at the boarder as a visitor I never was given an I-94 or inspected other then swiping my and my son's passports. So on the I-485 I have no idea what to put in the visa number date or issued or if I was really inspected my a US Immigration Officer?

I am assuming that I am to adjust status as a family basis because I am now married to a US citizen and verses the visitor visa because I was never given one anyways?

Edited September 9, 2010 by pawfectchis

[Brother Hesekiel 2,236]

If you get in trouble tomorrow, perhaps have a car accident, you will be deported with a 10-year ban attached.

Your husband will file for Adjustment of Status (AOS) via forms I-131, I-485 and I-765 for you concurrently. Your 13 year-old son rides piggiback. Since you live in the US for two years now, you are formally a resident for tax purposes. I hope your husband filed his taxes as "married" (to you) during those two years. If not, I suggest two amended tax returns as soon as you get your tax ID. Those tax return will have to be submitted for the AOS.

[JimVaPhuong 4,863]

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-130 and we can also send in my I-485 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.

When I entered the US (vehicle)at the boarder as a visitor I never was given an I-94 or inspected other then swiping my and my son's passports. So on the I-485 I have no idea what to put in the visa number date or issued or if I was really inspected my a US Immigration Officer?

I am assuming that I am to adjust status as a family basis because I am now married to a US citizen and verses the visitor visa because I was never given one anyways?

Yeah, you're adjusting status on a "family basis", but not from a "family based visa". The process is a bit different.

You're getting confused between visas and forms. A K3 and CR1 are different types of visas. An I-130 is an immigrant visa petition form. Visas are used to enter the US. You don't need a visa - you're already in the US.

In order to be eligible to adjust status you must also be eligible for an immigrant visa. Your US citizen spouse will submit an I-130 for this. If it's approved, then you're eligible for an immigrant visa, but you won't actually be applying for a visa - you just need to establish that you're eligible for one. You submit an I-485, either concurrently with the I-130 or AFTER the I-130 has been approved, to apply for adjustment of status.

There's an outline of the process here:

http://www.visajourney.com/content/i130guide2

[milimelo 4,481]

Moving to AOS from tourist, student, work visa.