Applying for AOS (title changed to reflect merged topics)

[Harpa Timsah 13,258]

Friend, I have already linked you to the forum you should be posting in. There you will receive the best help for your situation. It is here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

You have posted in the K3 forum, the DCF forum, the bringing family of LPR forum, and the AOS from family forum. I know the forums can be confusing, but use this one http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Your wife most likely doesn't have a I-94. You can put "none - Canadian Visitor" if you like. Canadian Visitor is also her status.

[88888888 0]

Hello members of Visa Journey,

I come writing again hopefully this time in the right topic thread asking another question on behalf of AOS

I am from the USA and my spouse from Canada, and we had just gotten married on a spare of the moment decision on her recent visit. Her and I are going the route of adjustment of status to have her become a permanent resident.

My question for all of you is,

At the interview for the AOS procedure, does the consular or whomever is conducting the interview make phone calls to relatives or previous bosses or supervisors in regards to what we been answering? or will they just take our words for each question and look upon the documents and just use those as references and answering the questions?

As many details about this in your answer as possible will be greatly apreciated and thank you for taking time out of your day to read and answer

[Boiler 45,532]

Assume they will.

[Little_My 464]

Also, it might be a good idea to start one thread about your filing process and write all your questions under that thread as they come - that way, not only will you be sticking to one forum, but you will have all your answers and tips in one thread that's easy to find and go back to as you start the process of putting your package back together. Just a thought.

[ceadsearc 516]

Like everyone else said, if she is still in the country and did not intend to immigrate when she arrived (which it sounds like she didn't), you can apply for Adjustment of Status. If she has already left the country, this won't work. Keep in mind, however, that until your wife receives Advanced Parole documents (2 or so months) your wife cannot leave the United States at all, or your AOS will be abandoned and you will be back to the CR-1 or K-3 route (and she would likely be denied entry at the border to even visit with an abandoned AOS on her record). So if she has pressing things to return to in Canada that cannot wait a couple of months, AOS won't work, but otherwise, as long as she is still in the country, you would be eligible.

[siasimba 9]

oh wow, really? Canadians don't even need it?

but can you list for examples what unusual circumstances would be? just so I have my knowledge of what they are so I am betterly prepared

Educational study is one of them

[88888888 0]

Hello Visa Journey members,

I am writing to get info on return ticket for my spouse during the AOS process.

I am from the USA, my spouse from Canada, and we got married recently on a spare of the moment decision on her visit and now filing for AOS for her to become a permanent resident.

She and I are both are aware that she can stay through the whole process and such, we have gotten information on this site about that already, but because it takes close to a year for the whole process to complete, so my question for you is this,

Because a single visit is 6 months and she will be staying longer than the 6 months to complete the whole process, her return ticket will be expired obviously by that time, but will we need her return ticket on hand for the interview and/or other things for proof of just vgisiting or whatever else reasoning we may need to keep it?

As much details and knowledge as possible would be greatly apreciated and thank you for taking the time out of your day to read and answer

[Harpa Timsah 13,258]

No.

And, it's called the "spur" of the moment

[ceadsearc 516]

Nope. And the process will most likely not take a whole year, standard processing time is 4-6 months.

[88888888 0]

Adding onto this thread on asking what else we would need, we have read somewhere that we need photos of us together in the USA? is this correct?

and also, can pictures of us together in Canada count as well?

and also too, Do we need to send the photos anywhere? like mail or anything? or do we show all the photos in person?

Lastly, what kind of photos do we need? photos of just us? or me and her and family too? or is the family not needed?

[Harpa Timsah 13,258]

I think you need to take a step back and look over the forms and the form instructions. Listening to "what you read somewhere" will only make you confused and distracted. All of the information you need is on the FORMS and INSTRUCTIONS. Websites can help a bit, but everything you need is in the FORMS and INSTRUCTIONS.

You do not strictly need any photos of you together in any place in the world. If you read the INSTRUCTIONS for the I-130, it says that you should include at least one piece of evidence of your bona fide marriage, and they list several options. Photos are not suggested, although you can include them under "other." I read the instructions literally and did not include any photos in my submission. The interview letter came and it asked me to bring photos to the interview, so I followed instructions and brought them there.

FORMS and INSTRUCTIONS.

[88888888 0]

Hello members of Visa Journey,

Tonight I am writing all of you with a question of how to fill out the forms I-130 and I-485 for AOS

I am from USA, my newly wedded spouse from Canada, and we got married on a spur of the moment decision during her visit recently and are filing for her permanent residence via Adjustment Of Status.

My question for adjusting on status tonight is filling out the forms

I already know that form I-130 and I-485 are to be filed, but my question is,

Do we do it online somewhere?

also, To fill it out, do we have to fill it out on the computer and print out? or can we just use pen to fill out the forms?

and also, Do we have to write all the answers on the forms in all capital letters? and if so, what parts?

lastly, When filling out the information for my spouse, do I use her born last name? or my last name because we are already married?

Many thanks for taking the time to read and answer my questions, as much knowledge and clear detail as possible will be greatly appreciated

[Harpa Timsah 13,258]

No, you must mail it in. Pen or type is fine. Use the name she wants to use from now on. If she wants to change her name, then she should fill out forms in new name. There is a space for "other names used." What happened to keeping all of your questions on one thread?

There are also lots more forms. here is the VJ Guide: http://www.visajourney.com/content/i130guide2

Edited August 30, 2011 by Harpa Timsah

[Little_My 464]

OK, let's start from the very basics..

1. Post on ONE forum. When you scatter your posts all over the place, it becomes harder for people to give you advice, and more importantly it becomes harder for you to follow the advice and make sure you get the right answers to your questions, as you may be posting to forums where people are not familiar with your type of an application. The forum you should be posting to is the AOS from Work, Student or Tourist visa forum - not this one, not any other one. Also, if you have several questions regarding the same application, I would suggest keeping them all under one thread. Just keeps all the information together in a nice and simple way.

2. You have to start reading the guides and instructions for this process, from start to finish. Read first, ask then. Here on VJ you have a very detailed and easy to understand guide for concurrent filing of I-130 and I-485, which is the process you will be doing. Read it, read it again, and read it once more. You can find it here:

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

Then, you go to USCIS website. You download all the forms you need, and ALL the instructions to those forms. And then you read through the forms and instructions, and repeat if needed. You can find the forms, and corresponding instructions, here:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

The main forms you are filing are the I-130 and I-485 - everything else will be supportive documentation relating to those forms. In addition, you can file the I-131 for the advance parole travel document, and the I-765 for the EAD, which is a temporary work authorization. Those are not mandatory, but also will not cost you extra, so it's always good to file for them just in case you need them.

You can fill the forms however you want - computer or hand - but I'd say computer is advisable, as it will be more legible and the text will be easier to fit into the spaces.

As for capital letters - read the instructions. If somewhere it asks for capital letters, use capital letters. If not, don't use them. I can tell you that your application will not be denied because you used / failed to use capital letters somewhere in a form.

If your wife has legally changed her name, then use her new name in the forms, as that is her current legal name.

But, before you get into all these questions about capital letters and whatnots - read the instructions and guides. If you do not yet know where you can find these forms to even begin to fill them out, you have a lot more studying ahead of you. People here are more than happy to help, but no one can file the forms for you. You have to understand the process, know what you are doing, know what is required, and then ask questions if some detail or particular issue is still unclear. It is a bit complicated and tedious, but you'll just have to take the time to familiarize yourself with this process properly. Trust me, it will be well worth the time and effort.

Good luck.

[88888888 0]

Hello Visa Journey Members,

I am writing yet again tonight asking about the cover pages for the forms I-130 and I-485

I am from USA and my newly wed spouse from Canada and we got married through a spur of the moment stuation.

We want to know any kind of information and tips on how to fill out the cover pages for the 2 forms we will need to file for AOS

We request that you give us any links that will lead us to any examples of cover pages that we can look at and read to gain a better knowing of what it is and how to do it.

Many thanks for taking time out of your day to read ans answer, as much deatils and examples links will be greatly appreciated