Newbie Confused About AOS

[Jup1ter 2]

Hi, I am a US citizen and my husband is a Canadian citizen. We are filing for Adjustment of Status, but I would love to get some of your opinions and personal stories if you can relate to our situation. I have been given different answers from so many people, most of them from the representatives at the USCIS Helpline! We have consistently been given different answers from people there for the past 6 months. Our circumstances probably aren’t that different from most people’s, but I don’t know what to believe, so I want to get a full picture of what the process is like from someone who has actually gone through situations similar to ours.

My husband last entered the country in May 2006, he came in from Canada as a visitor. He did not need a visa, however he did have a passport and it was stamped on that day. We ended up getting married in October of 2006. I know it is ultimately our own fault for waiting to file until now, but due to the confusing and differing answers from the USCIS Helpline, and other situations, we are only now getting ready to file for Adjustment of Status.

These are the forms we have filled out:

I-130 (Petition for Alien Relative)

I-485 (Application to Register Permanent Status)

I-894 (Affidavit of Support)

I-765 (Application for Employment Authorization)

G-325A (Biographic Information) 4 pages for him

G-325A (Biographic Information) 4 pages for me (I didn’t think I need this but the instructions for the I-130 say to include it in the packet)

We have to obtain the numerous passport-style photos that go along with some of the forms, but that won’t be a problem as there is a Kinko’s down the road from us. Are we supposed to include original birth certificates, marriage licenses. passports, etc? Or are Xeroxed copies acceptable? His medical examination is this Saturday, I have been told that the results are given to us in a sealed envelope. Do we get a copy of it as well? I intend to make multiple copies of every single form and document before submitting the packet, but I don’t want to open a sealed envelope, as that usually indicates shadiness, haha.

We have an I-131 (Application for Travel) to fill out, but after reading some information and hearing of the possible consequences, I am hesitant to submit for advanced parole for him. I know that he is probably out of status right now based on the last time he entered the country. And I know that when we submit his AOS paperwork, he will be legally here because his status will be pending. But I am concerned that if he receives the Advance Parole, and we visit his family in Canada for Christmas, that he will be denied re-entry, with a possible ban based on how long he was here before we applied for AOS. Is this a common scenario? I have read about many cases where people came and went without problem, but none seemed to mention if they were out of status before their AOS submission. I’m just really worried, and I’d rather not take the chance if there is even a remote possibility that he would be denied and banned if we went to Canada for a visit. Basically, in your opinions, should we not even submit for Advance Parole and just wait it out for the green card, even if this means canceling travel plans this December?

Should I send evidence of a bona fide marriage with the packet of forms? Or are those documents for the interviews only? I’m confused as to interview process itself, but I know that we will be contacted prior to each interview with a list of what we need to bring. At this point, my husband is on my insurance and life insurance, and he does receive mail at our address, including cards from his family members that indicate we are married, etc. However, he has not been added to my bank account,, credit card account, lease, bills, or anything of that nature, as we did not think we were supposed to do that until we received his green card. We do have pictures of us covering the past two years, and even wedding pictures. Considering that we threw our wedding together at the last minute, would it look bad to submit wedding photos—in other words, would that make them think he entered the country with the intent to marry? Are we supposed to supply ALL the things listed on the checklist of what to bring to interviews? Or are they just suggestions, and the more items we bring the more likely we will be approved?

My husband does not have a SSN, but he does have an ITIN (Individual taxpayer identification number) that we applied for and received in order for me to file married jointly for 2006m which the IRS told me to do. Should I be entering this on all the forms when they ask for a SSN? I haven’t so far (I have just written “NONE”), but when I received my tax transcript from 2006, they listed his ITIN as a SSN. Similarly, there are many sections of the forms that ask for an “A#”. I don’t know what that is, but he does not have one, so we have been writing “N/A”. Is that correct? See, this is one of those questions that we asked a USCIS Helpline rep, and now we are wary about whether or not they told us the right information.

Based on all this information, what do you guys think? Have we overlooked anything, or are we missing any important form or document? How long do you think it will take to get his green card? He has no criminal history whatsoever, we’ve never been married to anyone else before, we’ve both never filed for immigration or petitions for aliens before; we’re just two citizens of different countries who met, fell head over heels in love and want to start a family and live a long life together. I know that sounds cheesy, and I understand how it can be difficult for the government to identify the scammers from the people with true intentions… but my worst fear is that he is made to leave the country based on either some mistake we made when filing, or even worse, the final decision of the government. I would leave with him if that happened, but it would be hard starting over from scratch in Canada when we have so much going for us here, including my career, a potential career path for him (Virginia is like heaven for people with IT and computer skills), my invested accounts and friendships, etc.

I wholeheartedly thank you guys for reading this and for any potential advice you can give!

[Boiler 45,510]

The answers to your questions are all in the guides.

The process is not that complicated but it sounds like you may be best to use a lawyer.

No need to apply for AP, he currently has a 3 year ban on re-entry. And of course is deportable now if caught.

[Cécy 44]

Very often, from what I read here, the immigration isn't as strict on overstays when you end up marrying an american citizen and filling for AOS. My immigration lawyer himself told me that.

So I don't think you need to worry too much about that.

I would think that if the USCIS delivers him the AP there is no reason why he wouldn't be able to go back through the border. Yes there are times when obviously they don't care whether you are authorized or not, but you can never plan such things.

It's the I-864 (not I-894), but that's probably a typo.

He probably will need about 7 pictures and you 1 (if I remember right) but read all the forms and write down a list of what they ask you.

Guide:

http://www.visajourney.com/forums/index.ph...page=i130guide2

I think that since we don't go through the KI/K3, etc visa that we have to initially send some proof of bonafide relationship ("The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:") check the link to the guide for that. My about to be husband and I are going to try to send in some things. Don't put too many pictures as they are not primary evidence and it doesn't matter that you didn't have a big fancy wedding, a few pictures, especially if you have other family members in them can be a good thing.

He won't have an "A" number, those are obtained by the usual family raprochement visa.

And yes you do need one G-325A for you and one for him, again because you are directly filling for AOS and not a visa, they need to know who you are as well I guess.

I have no idea about the medical envelop, but if someone knowns, I'd love to find out. I had my medical yesterday and they should mail it when they have everything.

[Jup1ter 2]

Thanks Boiler and Cécy.

I have looked through the guides here numerous times, and while it has been very helpful, I was looking for more fine detail from people who have the same circumstances, or same situations (for instance, the overstay situation-- yikes!). It looks like we won't even try for Advance Parole, I'm just too scared of the consequences.

Thanks for the tip about the pictures Cécy!

If anyone else has any other helpful advice, I would appreciate it, and thank you in advance.

[John & Annie 0]

Thanks Boiler and Cécy.

I have looked through the guides here numerous times, and while it has been very helpful, I was looking for more fine detail from people who have the same circumstances, or same situations (for instance, the overstay situation-- yikes!). It looks like we won't even try for Advance Parole, I'm just too scared of the consequences.

Thanks for the tip about the pictures Cécy!

If anyone else has any other helpful advice, I would appreciate it, and thank you in advance.

It sounds to me like you have everything you need. A couple suggestions:

1. Write Separate checks with the exception of including Biometrics in the AOS fee

2. Send the packet with signature confirmation

3. Include a cover sheet detailing everything in the packet

4. Scan or make copies of everything

On a personal note, if you can show how quickly you booked things like rentals and catering, it could document that you made arrangements quickly. I would submit the photos, if asked for.

A question I do not know the answer to is if he needs to get a medical.

Good Luck and welcome to VJ

PS. if you are unsure about asking, send a PM to a level headed person on the board

[eau_xplain 2]

Yes, OP's husband will need the I-693 (Medical exam) complete with the vaccination supplement.

[Jup1ter 2]

Thanks for the tips John & Annie and eau_xplain! We've added a cover page to our list of things to include, I'll look for our catering receipts (I know I have those somewhere) and I definitely will copy everything (twice!) and send with confirmation. I also found the vaccination supplement page, I hadn't even heard of it before! I'm so glad I asked you guys for help, I knew that I would get better answers from you all instead of the USCIS Helpline.