So totally and completely lost.....

[Brother Hesekiel 2,236]

Blondie,

you entered the US as a tourist without a visa, a woman who has already been married to a US citizen, your son in tow, want to overstay, file for AOS, and apply for a fee waiver?

You are a woman not afraid of challenges, and that's a rare trait these days. I like it!

May the force be with you, always.

[xoxaliehsxox 0]

lmao!!!! Thank you I needed that laugh No I'm just trying to fully understand everything, what my options are, what angles I can take, how much room I have, I CANNOT screw this up...... As I am sure a lot of you that are going through this understand we are not going through this stress and agrivation for nothing, I have never been happier in my life than I am here with my husband, Ive been married before....... and I look back at that now and think to myself almost weekly, at one point I thought I was in love, NOOO this is what love is!

Thank you all so very much for helping me with this, It means so much and is comforting knowing that people know what I am going through.

Blondie,

you entered the US as a tourist without a visa, a woman who has already been married to a US citizen, your son in tow, want to overstay, file for AOS, and apply for a fee waiver?

You are a woman not afraid of challenges, and that's a rare trait these days. I like it!

May the force be with you, always.

[xoxaliehsxox 0]

ok so I just spoke to a lawyer over the phone, a member of a Catholic Charity group

(from what I am told getting a lawyer in the usa to say anything over the phone without being paid is like pulling a sharks teeth)

and to hurry up cause the cost are going up in november

This is what I am told I need form wise:

I-130 - for me and my child

I-485 - for me and my child (cost reduced for child)

g-325a - for me, child and husband

765 - for me

wr702 - ?

wr703 - ?

1864 - Husband and Joint sponsor

tax records - Husband and Joint Sponsor

medical - Me (tst/vdrl/vaccination records) (might need an mmr booster???)(depending on tst possible chest xray)

medical -(lawyer says daughter does not need one she can use the medical done for school plus vaccination records)

(tst)

marriage liceanse

birth certificates - for me, husband, child

Driver's Liceanse - Husband

Passport - Me, Husband, Child

passport style Pics - Me (4) Husband (2) Child (4)

Edited October 6, 2010 by xoxaliehsxox

[Darnell 8,479]

that's a nice list - compare it to the list over at http://www.visajourney.com/content/i130guide2

and remember -

USUALLY, on initial filing -

a

regular photocopy of stuff is all ya need -

do not (do not ) send the originals.

Edited October 6, 2010 by Darnell

[xoxaliehsxox 0]

so Now I am a little worried about what she all told me........ not saying she doesn't know what she is talking about but what is wr702 - wr703 and the 1984? either I am blind or cannot read (some time's I live up to my blonde roots) because I cannot find these forms or reference to them anywhere......

[Darnell 8,479]

i'm guessing the 1984/1864 form referenced,

is actually the I-864 form.

re: wr-702 - seems to be outdated and no longer used, was used in conjunction with the I-485

re: wr-703 - (same as above)

suggest a google search, though, on 'wr-702' - you'll run across some forums that claim it's outdated and no longer used.

[Used to be broken 147]

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?

They might have stamped your passport when you entered. Don't lose the tickets though, it has the date you entered by transport. Make copies, make a note explaining if they didn't give you an I-94 and if you have any receipts prior to the day you entered or the same day you entered from Canada, include those as well to "prove" you are not an overstay.

to those that posted above, to a new person on the forum.. maybe spelling out what k3, k1, CR1, and AOS actually mean might help.. they are just acronyms to a novice poster.

Good luck

[Used to be broken 147]

ok so I just spoke to a lawyer over the phone, a member of a Catholic Charity group

(from what I am told getting a lawyer in the usa to say anything over the phone without being paid is like pulling a sharks teeth)

and to hurry up cause the cost are going up in november

I know a lot of folks on this forum are h3ll bent on do-it-yourself process, but having read your concerns about not having I94, your entry and marriage then return with your child, it might be worth every penny to have a consult with a competent Immigration attorney. Why? Well primarily for the benefit of your child and also if by some god-awful chance you screw it up and the government rejects your application for some reason causing you to "overstay". Or the USCIS views any of your past immigration history in a negative way, you might have a problem that won't easily go away.

Also depending on if your child is US Citizen or Canadian or "other" (as well as your ex-husband) and what your original understanding with your ex-husband was regarding custody and living arrangements in the future for your child as well as that child's immigration status in the US, you could be put under some scrutiny by the State Department regarding moving a child across international borders.

Most cases that don't have "issues" go smoothly in the process, but some that appear that way on the surface run into snags. In your case rather than try to save a buck and do it yourself, why not put your mind at ease and go pay for the consultation with an Immigration Attorney that specializes in family cases?

*Sounds like a lot of worse case scenario stuff, but one need only read the other forums on Visa Journey and other Immigration sites to see there is the easy way and there is the difficult way of proceeding, and there are often nasty glitches along the way.

Edited October 9, 2010 by brokenfamily