Help with I-130 and I-485 forms

[bngholiocrnholio 0]

My husband and I are confused about the I-130A form. Who fills it up? My husband (the US citizen) or me (non-US citizen?)?

I've been in and out of States for the past 5 months. We didn't know we were gonna get married sooner than we expected. He didn't have his divorce decree the last time I entered the States. We thought, it would take, at least, summer of this year before he gets his decree. He talked to his lawyer about it and found out that he and his ex just needed to pay a certain amount of money so they could have it because they filed for bankruptcy. He and his ex paid it and got the decree. We didn't wait that long before getting married. We were ecstatic. Now, the stress part. I've read that they might deny me and my kid to have a green card because we came as tourists. My husband doesn't want us to go back to Canada anymore. We don't know what to do.

[agripa 100]

1 hour ago, bngholiocrnholio said:

Now, the stress part. I've read that they might deny me and my kid to have a green card because we came as tourists. My husband doesn't want us to go back to Canada anymore. We don't know what to do.

You should really talk to an experienced lawyer. There are a couple of important issues here. There is technically nothing wrong with getting married under a tourist visa. The problem is if you knowingly lied to a US Customs agent. For example, if when you entered the United States you intended to get married and then hope to adjust your status, and you told the US Customs Agent, no that's not what you wanted to do, then you've lied and this could hold serious consequences. On the other hand, if you just meant to visit your fiance/boyfriend and due to unforeseen circumstances you ended up getting married, then it should be okay. You MAY BE ABLE to continue to stay in the United States and do an adjustment of status. However, you should really really talk to a lawyer. This is a very tricky situation, and you should expect your application to face extra scrutiny.

[Sol1427 23]

I believe that you should be fine to file a change of status.

[bngholiocrnholio 0]

6 minutes ago, agripa said:

You should really talk to an experienced lawyer. There are a couple of important issues here. There is technically nothing wrong with getting married under a tourist visa. The problem is if you knowingly lied to a US Customs agent. For example, if when you entered the United States you intended to get married and then hope to adjust your status, and you told the US Customs Agent, no that's not what you wanted to do, then you've lied and this could hold serious consequences. On the other hand, if you just meant to visit your fiance/boyfriend and due to unforeseen circumstances you ended up getting married, then it should be okay. You MAY BE ABLE to continue to stay in the United States and do an adjustment of status. However, you should really really talk to a lawyer. This is a very tricky situation, and you should expect your application to face extra scrutiny.

We're thinking of getting a lawyer this time because we don't want to mess anything up.

[bngholiocrnholio 0]

bump

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

[bngholiocrnholio 0]

2 minutes ago, Ryan H said:

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

Would it be easier if I go back to Canada and apply separately?

[bngholiocrnholio 0]

bump

[arken 4,197]

You (beneficiary) will fill and sign form I130A since you are in the US already. 

They will not just deny you because you married on a tourist visa. If you entered US with the intent to marry him, then yes, they might deny you. So more than worrying about those unsubstantiated claims that they would deny you, you should focus on lots of evidences of bonafide marriage if your marriage is bonafide. Good luck.  

Edited April 1, 2017 by arken

[bngholiocrnholio 0]

13 hours ago, arken said:

You (beneficiary) will fill and sign form I130A since you are in the US already. 

They will not just deny you because you married on a tourist visa. If you entered US with the intent to marry him, then yes, they might deny you. So more than worrying about those unsubstantiated claims that they would deny you, you should focus on lots of evidences of bonafide marriage if your marriage is bonafide. Good luck.  

Thank you! We didn't know who is going to fill out the i-130a. I really appreciate your help!

[bngholiocrnholio 0]

My child and I are both Canadians. I have a full custody of my kid and can move anywhere without any hassle. I got married last month. Do we have to fill up a separate forms for my kid? If yes, which form? I've filled up I-130A and I-485 for myself. Thank you.

[aleful 1,905]

did you file the i130?

 

yes a separate petition as stepchild

 

 

[bngholiocrnholio 0]

My husband (American) and I (Canadian) got married last month. I'm already living here in States. We filled up both I-130 and I-485 forms. Which one should we send out since I'm already here in States.

[bngholiocrnholio 0]

1 minute ago, aleful said:

did you file the i130?

 

yes a separate petition as stepchild

 

 

Not yet. But we filled up both i-130 and i-485 for myself and my husband. We're here in States now. We don't know which form is the right one since we're here already.

[Ryan H 3,812]

***Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.***

 

**Moderator hat off**

 

both