Canadian Spouse, i-130 and i-485?

[sam240 1]

I need a little help. My wife and I got married in Canada this past August 2016. She came to the USA visiting me and she's been here since then. People recommended that I just apply for AOS i-485 with i-130. I'm wondering how the fee works? Do I pay the fee for both i-130 and i-485?

Thank you.

[zilchfox 296]

Someone more familiar with the CR-1/IR-1 will have to chime in about the fees...

 

I think you can file the I-485/I-765/I-130/I-131/I-864 all at the same time. Since she's in the US already, might as well. I have no idea if the I-765 and I-131 is correct, however, but maybe that'll allow her to work and travel while your I-130/I-485 is processing?

 

Take my post for a grain of salt, but I hope I'm right.

 

Edit: Found a guide for exactly your situation, seems I'm correct on everything above: http://www.visajourney.com/content/i130guide2 the I-765 and I-131 fees I believe should be free as they're being filed longside the I-485.

 

Sounds like she wouldn't have overstayed yet, as Canadians can stay up to 6 months as a visitor, however if she does overstay and you have yet to file the AOS, make sure she doesn't leave the country, otherwise she could face a ban and would require a waiver.

Edited February 2, 2017 by zilchfox

[AstroCanada 206]

I don't think this is quite the same as when people enter the US, their plans change and get married here and then file for AOS.  You were already married before she entered. I've seen quite a few people in the former case, but haven't really seen any postings on here of people who were already married, entered on a tourist visa, and applied for AOS.  Entering not that long after marriage abroad and then applying to adjust status makes a determination of immigrant intent far muddier.  Not saying it won't work, but definitely research it carefully and probably consult an immigration attorney.

Edited February 2, 2017 by AstroCanada

[Ontarkie 14,236]

~~Similar threads merged. Please keep related questions to one thread. It helps members to give the best possible answer when all information is in one spot.~~

[zilchfox 296]

11 hours ago, AstroCanada said:

I don't think this is quite the same as when people enter the US, their plans change and get married here and then file for AOS.  You were already married before she entered. I've seen quite a few people in the former case, but haven't really seen any postings on here of people who were already married, entered on a tourist visa, and applied for AOS.  Entering not that long after marriage abroad and then applying to adjust status makes a determination of immigrant intent far muddier.  Not saying it won't work, but definitely research it carefully and probably consult an immigration attorney.

Since she's been admitted to the US already, her intent to immigrate is now moot, and since they're married already she is now the spouse of a USC and can file for AOS, regardless if they got married before or after POE it doesn't really matter at this point.

[NikLR 13,227]

OP please follow the guide that has been linked.  Once you file the adjustment of status paperwork you will recieve notice of action (noa1) papers with receipt/case numbers on them. In particular she will have one for the I-485.  When this happens your wife enters a period of authorized stay so she is legally allowed to be in the USA and is not overstaying regardless of when she was supposed to leave.  She should not leave the USA until her I-131 is approved and she has advanced parole aka AP.  

[sam240 1]

I'm happy to say that we had our interview last week and my wife's received her welcome letter on Friday. She will be receiving her conditional green card within 3 weeks. Thank you for all your help.

 

Edited June 26, 2017 by sam240