Adjustment of Status for Spouse & his children

[capt.canuck 0]

Hi!

Capt. Canuck here AGAIN! I was here a few(8) months back and received some help from VJ members. Shortly after my wife (USC) and I (Canadian Citizen TN-NAFTA visa holder) were married, she was downsized and lost her job. She starts a new full time job on March 5th, so we'll file within 2 weeks of that. Here are a few questions before I send my package:

1- For the I-864, we have my wife's past 3 years taxes and a letter from her new employer outlining her annual salary and we will also be using MY (the intending immigrant) income to meet 125% of poverty guidelines. I have the past 3 years tax returns and a letter from my employer stating their intention to keep me employed after becoming a permanent resident. Will this be acceptable? Has anyone had any problems with this? Any other recommendations?

1A- Does only ONE I-864 filed by my wife and ONE I-864A from me cover me and my sons?

2- Do my 2 sons also require a I-693 Medical exam? Am I correct in my understanding that my sons do NOT need to file G-325s.

3- Am I correct in reviewing the guides that my wife needs to file a I-130 for each of us?

4- Do we all (my sons and myself) have to file seperate I-485 applications? Do we have to file all 3 of them at the same time or can the boys I-485s be submitted at a later time?

5- Do we have to file seperate I-131s for our trips to Canada so they can visit their mother?

6-Do we need to include the court order that outlines custody arrangements or does the fact that they have I-94's for their TD- Nafta status already cover this?

7- Am I correct that EVERYTHING goes in ONE package with a cover page outlining all of the paper work enclosed?

8- What is the quickest that anyone has received an EAD? (more curious than concerned!)

Any verification or advice would be appriciated! I know alot of this has been covered and I know some of the answers, BUT as you ALL know, there's no room for errors!

Thanks again!

Capt. Canuck!

[Killer_Clown_2009 0]

1- That sounds right.

1A I don’t know if you need to file an I-864A or not or if you are counted in the I-864. Maybe someone else can answer this.

2- Yes, your sons need an exam and no they do not need to file the G-325.

3- Yes, I-130 for each immigrant.

4- Yes, you each file a separate one. It’s probably best to file all the forms at once if everyone is in the US. Do your children live or will they be living in the US on an almost full time basis?

5- Yes, each person needs their own I-131. You would need that to go to Canada while pending adjustment.

6- You might want to include that, but I am uncertain if it is required or not.

7- You can mail it all in one package and it will all go to the Chicago Lockbox address.

8- Not sure, usually they are 3 months or slightly less.

[Dr_LHA 3]

1- For the I-864, we have my wife's past 3 years taxes and a letter from her new employer outlining her annual salary and we will also be using MY (the intending immigrant) income to meet 125% of poverty guidelines. I have the past 3 years tax returns and a letter from my employer stating their intention to keep me employed after becoming a permanent resident. Will this be acceptable? Has anyone had any problems with this? Any other recommendations?

No problem with this. In my case I used my salary (I worked here on a H-1B for 7 years) only on the I-864 as my wife is a lazy bum...err...student.

Sorry I don't know anything about filing for kids! Haven't got any yet.