Canadian Marrying American; Confused About AOS Process

[Timothy Campbell 0]

My suggestion here is the same as I gave you there - have a consultation with a US immigration attorney without delay. You may like the advice you receive after discussing your situation.

Thanks for the suggestion, Yodrak.

Is there something about this case in particular that leads you to suggest this, or are you reminding me to consult the best advice we can afford -- which is always a good idea!

[Timothy Campbell 0]

Well, just some details really. For example you need to submit 3 G325A's. 1 for your spouse and 2 for yourself, each G325A of course includes 4 identical pages.

Ah, yes, the details! I have to watch the details! So before we fill in any forms I plan to create a customized check-list, which will draw upon the helpful comments I've received here and the relevant VisaJourney guide. The checklist will include the detail you mentioned.

Another detail I did not mention was that I need to make a duplicate of the entire package so we know precisely what we sent!

Thanks, Dr_LHA!

[John & Annie 0]

My suggestion here is the same as I gave you there - have a consultation with a US immigration attorney without delay. You may like the advice you receive after discussing your situation.

Thanks for the suggestion, Yodrak.

Is there something about this case in particular that leads you to suggest this, or are you reminding me to consult the best advice we can afford -- which is always a good idea!

You also have two options for payment. if you file before July 30, 2007 you will have to pay for the forms all independently and their subsequent renewals, if needed.

Whereas if you file August 1st or later the I-485 will cost you $1,010.00, but this would include all interim benefits and their subsequent renewals (if needed).

I do not know how the I-130 is effected by the fee hike.

But you may wish to look at filing deadlines.

PS. we scanned the entire package and keep the PDF in several locations.

Edited July 9, 2007 by John & Annie

[Dr_LHA 3]

I do not know how the I-130 is effected by the fee hike.

$190 -> $355.

[pj1959us 0]

Its always "A" if you're adjusting through marriage unless you're here on a K-1. The point is that "A" talks about an "already approved immigrant visa application", i.e. I-130. That language dates from when you used to have to file I-130, wait for approval, then file I-485. Now you can file concurrently, the language should be updated to "an approved, already filed or concurrently filed immigrant visa application". I have had this confirmed to me by a USCIS interviewing officer (well, she told me off for putting "H" basically, then explained why it was wrong).

That sentence already states it that way; the relevant word, although very small, in the I-485 sentence is "or": Attach a copy of the approval notice, or relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.

If the first part ("copy of the approval notice") doesn't apply, by removing it the sentence would read (because of the "or): Attach a relative, special immigrant, juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.

[Dr_LHA 3]

That sentence already states it that way; the relevant word, although very small, in the I-485 sentence is "or": Attach a copy of the approval notice, or relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.

I see what you did there, and I think you're right. However the language is stil confusing, especially as the main part says:

"an immigrant petition giving me an immediately available immigrant visa number has been

approved."

Which is clearly not true in this case.

USCIS clearly need to update the language because this question seems to come up on VJ almost every day.

[pj1959us 0]

I see what you did there, and I think you're right. However the language is stil confusing, especially as the main part says:

"an immigrant petition giving me an immediately available immigrant visa number has been

approved."

Which is clearly not true in this case.

USCIS clearly need to update the language because this question seems to come up on VJ almost every day.

"an immigrant petition giving me an immediately available immigrant visa number has been approved" isn't what is contained in the pertinent sentence, though. And in the OPs case, it is true; the entire sentence needs to be considered: Attach a (relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number).

The I-130 is an immigrant visa petition (submitted concurrently or separately with the I-485) and still has to be approved, which would provide the "immigrant visa number". Without the I-130, the I-485 doesn't have validation (in this case).

As an immediate family member, the OP would be in the first preference category and therefore not have to wait for an immigrant number...but is still (in USCIS terms) provided one, even though adjusting status within the US.

[Dr_LHA 3]

I see what you did there, and I think you're right. However the language is stil confusing, especially as the main part says:

"an immigrant petition giving me an immediately available immigrant visa number has been

approved."

Which is clearly not true in this case.

USCIS clearly need to update the language because this question seems to come up on VJ almost every day.

"an immigrant petition giving me an immediately available immigrant visa number has been approved" isn't what is contained in the pertinent sentence, though. And in the OPs case, it is true; the entire sentence needs to be considered: Attach a (relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number).

The I-130 is an immigrant visa petition (submitted concurrently or separately with the I-485) and still has to be approved, which would provide the "immigrant visa number". Without the I-130, the I-485 doesn't have validation (in this case).

As an immediate family member, the OP would be in the first preference category and therefore not have to wait for an immigrant number...but is still (in USCIS terms) provided one, even though adjusting status within the US.

I'm agreeing with you!

I'm just saying, the language is confusing. Especially as the pertinent information in brackets basically contradicts the main sentance (i.e. that the application needs to be approved).

[Yodrak 7]

Timothy Campbell,

I'm suggesting that you consult with an attorney because this involves an issue of law that few lay people truly understand, and because an attorney can, in addition to advising you what you can legally do, can advise you the best way to present the evidence that you have for your specific case to improve the odds that whatever action you take will be successful.

People who give definitive advice on this issue are often acting on the edge of the VJ TOS with regard to promoting actions that are against the law.

Yodrak

My suggestion here is the same as I gave you there - have a consultation with a US immigration attorney without delay. You may like the advice you receive after discussing your situation.

Thanks for the suggestion, Yodrak.

Is there something about this case in particular that leads you to suggest this, or are you reminding me to consult the best advice we can afford -- which is always a good idea!

[John & Annie 0]

Timothy Campbell,

I'm suggesting that you consult with an attorney because this involves an issue of law that few lay people truly understand, and because an attorney can, in addition to advising you what you can legally do, can advise you the best way to present the evidence that you have for your specific case to improve the odds that whatever action you take will be successful.

People who give definitive advice on this issue are often acting on the edge of the VJ TOS with regard to promoting actions that are against the law.

Yodrak

My suggestion here is the same as I gave you there - have a consultation with a US immigration attorney without delay. You may like the advice you receive after discussing your situation.

Thanks for the suggestion, Yodrak.

Is there something about this case in particular that leads you to suggest this, or are you reminding me to consult the best advice we can afford -- which is always a good idea!

:thumbs:

[pj1959us 0]

I'm agreeing with you!

I'm just saying, the language is confusing. Especially as the pertinent information in brackets basically contradicts the main sentance (i.e. that the application needs to be approved).

I know I didn't intend to sound as if you weren't. I was just trying to clarify, especially for the OP, and confirm what you said (option "a" is correct when filing) so they would feel comfortable in what they were doing.

I agree with you, the language could be clearer and has to be read carefully...not only for this section but for many of them throughout.

[Timothy Campbell 0]

That sentence already states it that way; the relevant word, although very small, in the I-485 sentence is "or": Attach a copy of the approval notice, or relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.

Once my attention was focused upon Option A, I did the same thing you did: I tried recasting the sentence by omitting the parts that (as far as I could see) did not apply to my situation.

So this:

Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.

became this:

Attach a copy of the relative visa petition filed with this application that will give you an immediately available visa number, if approved.

Ah! That's what I needed to see!

The original wording of Option A may be a bit convoluted, but it's my fault that I didn't get it: I was looking for the word "spouse" and did not notice the word "relative".

Thanks!

[Dr_LHA 3]

Timothy, almost everyone thinks the answer should be "H" after reading that, even I put "H" down (as I mentioned, my only punishment was a scolding). Don't feel bad for misinterpreting it. USCIS forms are full of misleading, bad or just plain wrong information.

[Timothy Campbell 0]

People who give definitive advice on this issue are often acting on the edge of the VJ TOS with regard to promoting actions that are against the law.

Whenever somebody presents me with a theory about how to accomplish something, I ask two questions:

1) Did they personally try it?

2) Did it work?

If the answer to #1 is "No", I take their theory with a grain of salt.

I've also noticed that when people answer "Yes" to #1, they sometimes answer #2 with "Not yet". In such cases, I once again reach for the salt.

[rebeccajo 14]

Might be a good idea to speak with the immigration attorney about the wisdom of filing for or traveling on the Advance Parole document............