What do I need to do: Overstay from Canada, married to American

[Que Saudade 284]

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

Adjust status, this is a DIY site so it might be good for you to ask your questions here

Don't leave the US, not even with travel documents, until your green card is in hand

Good luck

:thumbs: :thumbs:

Since you have overstayed (by a lot), if you leave the country BEFORE having green card in hand, you will receive a ban. Everyone is posting about it now, it is the real deal. But once you have green card, the overstay is forgiven and all is well.

Good luck..

[Krikit 1,164]

Not true. https://help.cbp.gov...TJuZVgxbA%3D%3D

(note - this is the official US government border site and not a lawyer's website)

It is correct that a Canadian is allowed a six month stay unless informed otherwise. However, it is also correct that, for the purposes of the 9b Bar, the unlawful presence doesn't begin to accumulate until the Immigration Judge or USCIS Officer makes the ruling. This is where a Canadian entering under Duration of Status differs from someone who is admitted with a specific departure date.

Edited July 26, 2012 by Krikit

[kebandre 0]

I'm more or less done filling out the I-130 and all the requirements. Do I also have to do the I-485 + checklist?

[Little_My 464]

Canadian wife linked you with the correct guide - if you've read through the guide, and the instructions for the forms and AOS process, you should know this by now..

Yes, you file EVERYTHING together. I-130, I-485, I-765, medical form, affidavit of support, the works. Everything. I would spend a bit more time reading through the guide and getting familiar with the process.

[kebandre 0]

Canadian wife linked you with the correct guide - if you've read through the guide, and the instructions for the forms and AOS process, you should know this by now..

Yes, you file EVERYTHING together. I-130, I-485, I-765, medical form, affidavit of support, the works. Everything. I would spend a bit more time reading through the guide and getting familiar with the process.

Thanks. There are some documents required for both the I-130 and I-485 in the checklist such as marriage cert, G-325A etc, do I need to include one of each in both the I-130 and I-485

[Hypnos 6,576]

Yes.