Filling i-130/i-485/i-765

[PewPew 0]

Forgive me if you get confuse about my story.

I am new here and not really good at this.

Okay, here we go.

I am a canadian citizen, came to the US via greyhound bus through Buffalo NY border on 2007 to help my girlfriend babysit her 2 kids while she goes to work.

After 3 months of staying i got my girlfriend pregnant unintentionally. She delivered our baby girl on 2008. We got married two months after, getting her citizenship on 2011.

We are now on the process of applying i-130/i-485/i-765 concurrent, but i am confused on some of the questions on i-485 where it ask for my i-94 #. When I

crossed the border way back 2007 all I had to show is my Canadian Citizenship card and I am in. No stamp on passport or anything. Next is the part 2 on the form

which ask "I am applying for an adjustment to permanent resident status because:". Which one do I choose?

I am sorry for asking all these. It is just that we cannot afford a lawyer and only have enough to file the forms. I have never worked here in the US ever since I came.

And to be honest, 6 years of no job really sucks and i cannot go on another year of just staying home. So what are my chances of being approved?

I really really love my wife and our kids(including her 2) and I do not want to lose them. So please, I need all the advice i can get.

[newacct 688]

but i am confused on some of the questions on i-485 where it ask for my i-94 #. When I

crossed the border way back 2007 all I had to show is my Canadian Citizenship card and I am in. No stamp on passport or anything.

You do not have an I-94. I think you would just put something like "Canadian citizen". Not sure.

Next is the part 2 on the form

which ask "I am applying for an adjustment to permanent resident status because:". Which one do I choose?

You would choose "a".

[PewPew 0]

Thank you for the reply.

Could I input "N/A" on i94 box?

[KayDeeCee 4,896]

Thank you for the reply.

Could I input "N/A" on i94 box?

Since Canadians do not get an I-94 when entering as a tourist, put 'None - Canadian visitor' where it asks on the forms.

[Penguin_ie 5,997]

**** Moving from AOS from Family Visa to AOS from Work/ Student/ Tourist visa as OP came as a Canadian, not on a K1 ****

[PewPew 0]

hello all,

Just want to bump this thread for more opinion/advice

[Harpa Timsah 13,258]

The above answers are correct.

A.

and "none-Canadian visitor."

[PewPew 0]

Thank you so much for the replies.

I am not filling up the forms and I have a question regarding I-765.

Line 16 - "Who May File Form i-765?"

I checked the Instruction but i do not know which one to pick.

Please point me on the right direction.

Thank you so much..

[PewPew 0]

Thank you so much for the replies.

I am not filling up the forms and I have a question regarding I-765.

Line 16 - "Who May File Form i-765?"

I checked the Instruction but i do not know which one to pick.

Please point me on the right direction.

Thank you so much..

And also on form i-485

Part 3. - B "List your present spouse and all of your children."

do i only put my wife's info and our daughter or should i also include her son and daughter?

I apologize for all the questions.

[newacct 688]

I am not filling up the forms and I have a question regarding I-765.

Line 16 - "Who May File Form i-765?"

I checked the Instruction but i do not know which one to pick.

Please point me on the right direction.

The one that applies to you is 7A in the instructions, "Adjustment applicant". You would fill in "( c ) ( 9 )" on line 16 in I-765.

And also on form i-485

Part 3. - B "List your present spouse and all of your children."

do i only put my wife's info and our daughter or should i also include her son and daughter?

I think just your spouse and your children, and not step-children.

Edited February 21, 2013 by newacct

[PewPew 0]

Hello to all,

I have another question and I hope I am not annoying everyone from all these questions.

My wife, she makes just about 17k/yearly. Do we need to add Affidavit of Support to our package?

We cannot think of anyone that will help us with the support and from what i read, we need 3 affidavit of support?

Edited February 24, 2013 by PewPew

[Penguin_ie 5,997]

You only need one affadavit of support if your wife made enough, but she does not. You will not be approved without financial sponsorship. Your options are:

- Have wife find a better paying/ second job

- Use assets (savings account, second car, 401K etc) to make up the difference- you'd need at least x3, so around $6000, but more is better when using assets.

- Get a co-sponsor.

[PewPew 0]

You only need one affadavit of support if your wife made enough, but she does not. You will not be approved without financial sponsorship. Your options are:

- Have wife find a better paying/ second job

- Use assets (savings account, second car, 401K etc) to make up the difference- you'd need at least x3, so around $6000, but more is better when using assets.

- Get a co-sponsor.

I have spoken to 6 different person that had an interview before and all of them said that i do not need the affidavit of support. That is why I am including i-765 on my package, to work right? If i send my package without the affidavit of support form would they deny the process right away?

[Penguin_ie 5,997]

You need one, because you need a financial sponsor to sponsor you and be responsible if you require means tested governnment benefits not just now, but many years into the future. Most of the time when a needed document is missing, they will issue a RFE- this will delay provcessing somewhat, but not a big deal. Sometimes they deny the case outright.

See this Guide to find out what exactly you need: http://www.visajourney.com/content/i130guide2

And btw, your profile is incorrect- you are pending AOS (Adjustment of Status), not pending ROC (Removal of Conditions).

Edited February 25, 2013 by Penguin_ie

[Harpa Timsah 13,258]

Every package needs a qualified sponsor and approved I-864. Every package needs it. Period.

Your wife is the primary sponsor by law. She needs to fill out and complete a I-864 with all the additional evidence like taxes.

She does not qualify, however, so you need a qualified co-sponsor. The co-sponsor needs to fill out I-864 and include all the additional evidence.

The other option is to make up the shortage in your wife's income with assets as Penguin outlined above.

I have no idea what your comment about the EAD means. You are applying for work permission, true, but what does that have to do with the I-864?