I need Help

J

jaydm

Registered Users (C)
Okay heres what happened, first of all Im a canadian citizen(born n raised) ANyhoo i married my wife(american born) last year and decided to move in the states instead of her moving here to canada.I filed a I-130 in august of this year, but i didnt do enough research and now i just found out you can send all these packages together ( adjustment of status EAD etc.). Okay im waiting for a VISA NUMBER now...my question is how long does it take for them to issue me that number so I can file my adjustment of status and all the other things or is there a way for me to file it anyways...a rough estimate would be great cause i have no clue whatsoever...and advice and all that will be greatly appreciated....thanks guys
 
If you are in US, you can sen all the paperwork togather and apply for AOS. If you are sending this from outside US, you can do DCF (Direct Consular Filing) which is faster.

Please visit www.uscis.gov and look in "HOW DO I", search for how do i get my spouse in US. This will give you a better picture of how to file your case.
 
waitingforAOS11 said:
If you are in US, you can sen all the paperwork togather and apply for AOS. If you are sending this from outside US, you can do DCF (Direct Consular Filing) which is faster.

Please visit www.uscis.gov and look in "HOW DO I", search for how do i get my spouse in US. This will give you a better picture of how to file your case.
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Well heres my case, i dont need a visa to enter and exit the US.I can either send it IN or OUT of the US. But I sent my I-130 alone without the AOS papers, now i have to wait till a visa number is available, now how long does that take? Or can I file it anyways?? thats what i need to know.
 
True, you are a CANADIAN, so you will not need a visa to enter, but, i guess, in your case, if your wife is your sponsor, you can send the I485 as well if she has the tax returns for the recent 3 years.
 
I sent my husband's 130 to the service center. As a spouse, you don't need to wait for the case to be approved to file the rest of the 485 packet, this can be filed by DCF or at a U.S. district office depending on location. You do need proof that a service center is processing your 130 petition. Visa numbers are always avaliable for the spouses of U.S. citizens, and this is why you can submit the 485 with only the 130 receipt.
 
rbhpsj said:
I sent my husband's 130 to the service center. As a spouse, you don't need to wait for the case to be approved to file the rest of the 485 packet, this can be filed by DCF or at a U.S. district office depending on location. You do need proof that a service center is processing your 130 petition. Visa numbers are always avaliable for the spouses of U.S. citizens, and this is why you can submit the 485 with only the 130 receipt.
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So your saying that i dont have to wait for my Visa Number cause I have one already and that they just havent sent it to me yet?? I can just show them proof that they recieved my I-130, and apply for a adjustment of status, employment documents and travel document??Okay thanks alot, Im gonna look into that...
 
As long as your wife is an American citizen you have an immediately available visa number. You could have filed all the forms together at once. Filing the 130 on its own is generally something done only by those who do not have the immediate visa number. You must show proof that they have accepted the 130 for processing along with the 485 application. You do this by attaching the receipt to the 485 petition. Processing this at the U.S. consulate closest to you in Canada would be easiest. I would not recommend entering the U.S. to file this case at a district office by being waved through at the border, because, although this is purely anecdotal, I have heard that this type of entry can cause problems in a permanent residency case.
 
rbhpsj said:
As long as your wife is an American citizen you have an immediately available visa number. You could have filed all the forms together at once. Filing the 130 on its own is generally something done only by those who do not have the immediate visa number. You must show proof that they have accepted the 130 for processing along with the 485 application. You do this by attaching the receipt to the 485 petition. Processing this at the U.S. consulate closest to you in Canada would be easiest. I would not recommend entering the U.S. to file this case at a district office by being waved through at the border, because, although this is purely anecdotal, I have heard that this type of entry can cause problems in a permanent residency case.
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Do you think its faster for them to process it here in canada rather than in the US (San Jose,CA)??Because Im about to leave for the US on tuesday to fill and file my papers...
 
I researched a bit and I now I think that Canada may be one of the few countries where it is not possible to do DCF. You need to call your closest U.S. consulate and enquire.
If you file in San Jose the process will be speedy, they are one of the fastest district offices in 485 processing. If you go this route, call the USCIS information number to find out exactly how to do things when you go. Also note that in order to take appointments to talk to an immigration officer at SJ you must have an online Infopass appointment from the uscis website. If you send in your application make sure you send it by certified mail with signature confirmation as SJ initially lost our application and it is invaluable to have proof that they have the application.
 
actually you can just call the 800 number and wait on hold for an hour.

If you got the acceptance letter saying your I-130 is processing then I am pretty sure you can just go ahead and send the rest of the packet.

Best advice would be to do this in the US and STAY THERE until you have the acceptance letter for the I-485.
 
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