So totally and completely lost.....

[Darnell 8,479]

ok so I am looking at the EZ guide now........ where is it that I file the I-485?

not in the EZGUIDE -

the I-485 is filed concurrently WITH the I-130, for an AOS case.

The EZGuide is for a VISA, not any AOS.

[xoxaliehsxox 0]

ok so I am looking at the EZ guide now........ where is it that I file the I-485? and the question still stands...... Do I just leave the I-94 Blank?

(Did I mention I was Blonde )

[xoxaliehsxox 0]

ok now I have another question, does my daughter have to have the medical exam and the aos as well? are the filing fees difforent? or is she included with me?

[Darnell 8,479]

for a CR-1 visa -

2 seperate casefiles, 2 sets o fees (Affadavit of Support Fee Waived on Her at NVC, pay full tarriff on the rest)

for an AOS case -

when filed concurrently, the fee for a child is less.

---

regardless of casefile type (VISA or AOS) still must have a medical exam done.

for AOS, medical exams must be submitted with the I-485.

For VISA, medical exams must be submitted to the Embassy in Montreal, usually on interview day (or medical facility forwards them, can't recall), and are usually 'done' between the timeticks of 'interview date set' and 'interview date'

--------

RE: I-94 - write in 'Canada-no I-94' for 'that date.

[canadian_wife 1,829]

Don't leave any questions blank. Since the I-94 does not apply to you, put n/a.

Read the directions to the I-485 as to where to file

Good luck

[CanadianRedneck 8]

Get a lawyer so you dont screw it up, lol..that's what I did.

[Brother Hesekiel 2,236]

Hi, Blondie! (I'm sorry, but I can't pronounce your name.)

As others have told you already, marrying out of the spur of a moment maybe "not so smart," but it's not illegal. As a Canadian you don't have an I-94 so that's not a problem either as long as you can show how and when you arrived in the Land of the Brave and Free.

Now let's look at the complicated part, shall we?

After you got married, you returned to Canada. That's cool, too. Now you re-entered the US with your son, which also does not pose a problem per se. But if you now stay in the US with your son and file for AOS, you may -- or may not -- have to prove that you did not intend to do that when entering. If push comes to shovel, can you do that?

The problem is, entering the US with a non-immigrant visa or NO visa at all with the intent -- there's the word again -- to adjust status (AOS), is against the rules. Hence my aforementioned question.

I can't advice you on what to do; all I can do is show you a potential trap in your path. The safest way to do this would be to return to Canada and then file for a CR-1 visa. You still should be able to visit your husband while the visa petition is on its way. The other option is indeed to stay in the US and file for AOS ($1,010), but you are taking a risk of being denied. How big a risk I don't know, but it surely is a risk.

I'm sure you'll get lots of more input today and tomorrow.

Welcome to America!

Edited October 5, 2010 by Just Bob

[Sweetcheeksss 91]

Plus, you have to have either sole custody of your child OR a notarized letter from the biological father saying that he is fine with you taking your son to the US to live.

Good luck with everything!

[xoxaliehsxox 0]

I have a court order stating that I have full custody and guardianship of my child and the bioloical father has no access to the child......

Plus, you have to have either sole custody of your child OR a notarized letter from the biological father saying that he is fine with you taking your son to the US to live.

Good luck with everything!

ok so..... lets say I go past my Nov 29 deadline ? what can happen then?

[CanadianRedneck 8]

If you go past your Nov 29 deadline..you have to go home. If you overstay Nov 29...they can charge with you with an overstay and you can get banned for 10 years..regardless of being married or not. If you return to Canada before or on the 29th of November, then your hubby can file for you..you can come visit and stuff, pay more in fee's and wait about 8 months or more until your I130 is approved, NVC and montreal consulate review. You have to stay in Canada more than the United States..otherwise they could get suspicious that you're 'living' there and not just visiting.

[Darnell 8,479]

ok so..... lets say I go past my Nov 29 deadline ? what can happen then?

That depends on 'what you and your husband have filed', prior.

If he filed two I-130 petitions for a CR-1 and CR-2 visa, then you prolly want to get back to Canada, as any overstay (since yer Canadien) can have strange repercussions

or

If he filed the AOS package on you two (I-130 + I-485 + medical stuff) then is possibility you can stay without 'harm'.

Suggest you look at 'day 1' filing costs on both types (Visa vs AOS) and make some determination on what you want to do, which path you wish to take.

[Sweetcheeksss 91]

I may have just had a CO that was having a bad day BUT when I was at my interview, he specifically said that my custody docs had to be amended to reflect the words "SOLE CUSTODY" or I had to have a notarized letter from my ex saying I had permission to leave Canada and live in the US with me.

I tried explaining to the CO that my son had never met his father, that I had successfully gotten my son's passport without any trouble with the custody docs I already had, heck he (the CO) even asked my son a few questions about his relationship with my ex but there was no budging on the fact that the CO insisted I get one or the other.

Hope that helps a bit.

[xoxaliehsxox 0]

we want to go with the AOS route, but we want to make sure that once we have filed all the paperwork that I won't be penalized for staying past visa waiver even though paperwork for the AOS has been filed......

Someone mentioned to me that uscis has a fee waiver???... I cant seem to find any application for than..... How does that work?

[xoxaliehsxox 0]

Did that make it so you had to re-file? or just send in the proper documentation? How did you fix that as i was told my provincial court system does not use that term?

I may have just had a CO that was having a bad day BUT when I was at my interview, he specifically said that my custody docs had to be amended to reflect the words "SOLE CUSTODY" or I had to have a notarized letter from my ex saying I had permission to leave Canada and live in the US with me.

I tried explaining to the CO that my son had never met his father, that I had successfully gotten my son's passport without any trouble with the custody docs I already had, heck he (the CO) even asked my son a few questions about his relationship with my ex but there was no budging on the fact that the CO insisted I get one or the other.

Hope that helps a bit.

[Sweetcheeksss 91]

No, we did not have to refile, the interviewer gave me some paperwork requesting the docs be sent back to the consulate along with our passports.

I had to fix it by going to the Court of Queen's bench here in my province and filing a motion to have all my ex's parental rights revoked, get new custody docs reflecting that fact and they now say I have sole custody of my son with NO access for my ex.