Canadian who married an american

[Kiwichick 0]

Okay I have a question, when I did my check list I noticed that form i-130 and i-485 require a lot of the same stuff... Do I still have to basically do it 2 times? Cause i-130 asks for passport pictures and g-325 and then so does i-130 so do I do it for both? Or I just do it 1 time? And also my birth certificate and my passport have the same exact name but I got married so I changed my last name, will this be a problem? And with what part of the forms would I put my boarding passes and pictures ? For proof? 1

[Kiwichick 0]

Also on form 485 its asks for the non immigrant visa number but I don't have one as I came as a visitor so I put NA correct??

[Inky 1,111]

Yes you have to do it two times, they are two separate packages you must treat them as such BUT you are mailing them together as 1.(so you are mailing it in the same package)

Your marriage certificate proves that you changed your name based on your marriage.

You have no visa number because you didn't get one so yes you put N/A for that question.

[Kiwichick 0]

thanks

[feelings 0]

I noticed on another topic that I'd also need to file a police record. If I am no longer living in Canada can I still apply for one? How long do these usually take?

[Harpa Timsah 13,258]

You do not need a police report. Beware of reading topics on different processes than this and mixing them up.

[SaraDee 9]

Just wanted to chime in and let you know, it will all be fine. I was in your exact position before I did AOS. I had entered into the US and my passport was just swiped. I had no I-94. We got married but we waited about a year to file for AOS. One thing I can tell you is make sure you take info to the interview that proves when you entered into the United States like your boarding pass. I encourage you to read through my interview experience. The IO asked me many questions about how I entered and I think she was a rookie because she wasn't sure that Canadians can enter the US without getting a stamp. I explained it to her several times but she ultimately said that she had to check it out before she could approve us. I believe she didn't approve us right away just to check on that, but no worries cuz the next day my status online said card production!! It would have been helpful if I had some evidence to prove when I entered to show her so take whatever you have with you. It all may seem daunting right now, but it really won't be that hard. I was frantic and later though to myself, "Why did I get so worked up?" Just gather as much evidence as you can, and then enjoy life with your new hubby!!

Edited September 28, 2011 by SaraDee

[SaraDee 9]

One more thing, I don't think this has been mentioned yet and it's VERY important. If you have overstayed your visitor visa under no circumstances should you leave the USA until your AOS is approved. If you do you may be subject to a ban of 3-10 years depending on how long you have overstayed. This is very important! You can fill out the Advance Parol paperwork, but any lawyer will tell you not to leave till your green card is approved and you have it in hand or you have the proper stamp in your passport. Good Luck!!

[Kiwichick 0]

Thanks Sara, but i never came on a visa... i just entered the US as a visitor they asked where i was going and thats it... and i was thinking of filling out the advanced parol paperwork but i dont want to have any problems so maybe its not a good idea to do it

[Kiwichick 0]

How do i check out your interview?

[Harpa Timsah 13,258]

Thanks Sara, but i never came on a visa... i just entered the US as a visitor they asked where i was going and thats it... and i was thinking of filling out the advanced parol paperwork but i dont want to have any problems so maybe its not a good idea to do it

Canadians enter on a special agreement, where they enter on the terms of a B-2 visa without having to apply for one. If you have not overstayed your allotted time (usually 6 months) then you can use AP.

Edit: I see in your first post you have overstayed, so AP shouldn't be used.

Edited September 28, 2011 by Harpa Timsah

[ceadsearc 516]

As Harpa said, since you have overstayed (regardless of coming from Canada) you can't use AP. Don't even bother applying for it, it'll be approved regardless but if you use it to leave the country, you won't be able to return and not only will your AOS be abandoned but you will likely end up with a ban of several years, depending on how longer your overstay was.

[Kiwichick 0]

Oh thanks, no one told me that before.. so now i know that i cant apply for Ap...

Should i file the I-765 aswell for work or Can i wait for my green card?

[ceadsearc 516]

You don't have to file for the EAD if you don't want to, but your overstay is irrelevant for that and it is free to apply when filed concurrently with your 485/130 so if you want the opportunity to work while waiting for your green card (not guaranteed; sometimes the green card is processed quicker than the EAD) then go ahead and apply. It is only the AP that is an issue with overstay.

[Kiwichick 0]

Okay thanks