Filing While in the US?

[Destiny2000 10]

My husband is Canadian.  He has been in the US since the end of June. We've been married since 2000. I lived in Canada for 4 1/2 years then moved back to the states. I spoke to someone on the phone at the US Immigration info line but I want to make sure what she told me is correct.....in case I heard he wrong. She told me that since he is in the US legally (crossed with no issues at the border) we could apply for his residency & green card while he is still here in the US. This is what we prefer to do, but we want to make sure everything is correct. She told me all the forms we would need to send in.

Just wanted you input and opinion.

Thanks so much!!

[Crazy Cat 41,886]

That is correct.  If he entered the US legally, and he is inside the US right now, he can legally AOS. Others here can can advise you on precautions before traveling outside US during AOS.......

 

Best Wishes!!!

[Crazy Cat 41,886]

One more thing........Congratulations on getting good, accurate information from the "hot line"........not everyone is so fortunate......lol

[Destiny2000 10]

Thank you!! I'm just so excited to finally be starting this process!! 

[Crazy Cat 41,886]

Just now, Destiny2000 said:

Thank you!! I'm just so excited to finally be starting this process!! 

Congratulations!! Visa Journey is a great resource for information to help you.  Many people here have completed AOS.

[Destiny2000 10]

These are the forms she told me I would need :

I-130 (I file)
I-485 (he files)
I-693
I-864
I-130A

I-765 & I-131 (if he's planning on working in the US)

Send them all in together.

Is this correct?

[NikLR 13,227]

~~moved to AOS from work, tourist, and student visas from IR1/CR1 process and procedures.  OP is adjusting status not applying for a visa~~

[Going through 5,671]

On 8/11/2017 at 10:01 AM, Destiny2000 said:

These are the forms she told me I would need :

I-130 (I file)
I-485 (he files)
I-693
I-864
I-130A

I-765 & I-131 (if he's planning on working in the US)

Send them all in together.

Is this correct?

i-131 is a travel document, which he would only submit if he needs to travel outside of the US for an urgent reason while his application is pending so that it isn't deemed as "abandoning" his application. It has nothing to do with work authorization in the US.  You do not need to file this with your application unless he perhaps has a family member who is near death, or for some other urgent reason he would have to travel back to Canada for soon after filing.

 

You cannot file an i-131 if he just wants to use it "for vacation" or "to visit home".  It is not approved for those reasons.

Edited August 12, 2017 by Going through

[NikLR 13,227]

11 minutes ago, Going through said:

i-131 is a travel document, which he would only submit if he needs to travel outside of the US for an urgent reason while his application is pending so that it isn't deemed as "abandoning" his application. It has nothing to do with work authorization in the US.  You do not need to file this with your application unless he perhaps has a family member who is near death, or for some other urgent reason he would have to travel back to Canada for soon after filing.

 

You cannot file an i-131 if he just wants to use it "for vacation" or "to visit home".  It is not approved for those reasons.

Actually this is paritally incorrect.  You can and should file the I-131 in case you may possibly leave the USA for any reason while waiting on the AOS approval.  It is almost always approved even just for vacation or to visit home or get stuff left  behind.  It is free to file and i have never heard of it being not approved regardless of reason.  

Edited August 12, 2017 by NikLR

[Going through 5,671]

8 minutes ago, NikLR said:

 It is almost always approved even just for vacation or to visit home or get stuff left  behind.  

You're right---I was thinking about AP when under DACA, my bad!