Can I File I-485 AOS??? Please Advise

J

js360

Registered Users (C)
OK heres the story, i applied I-130 in july for my canadian wife and child when i was an LPR. they entered the US by land in august to visit me, they have not gone back since, i was told they are in b2 status and can stay for max 6 months. however they do not have an I-94, i was told canadians do not need this to be in b2 status. correct me if im wrong. anyway i have just recently naturalized, called USCIS to upgrade petition to IR for i-130. When i filed I-130 i put consular processing not thinking that my family would come visit and end up staying, they have, so anyways, can i file AOS. on feb 12 will be 6 months they have been here. If yes i can file AOS, what do i do with the I-130 because on it, it says consular processing, what if they send to visa center, and where would i send the i-485? I need to apply im assuming before this six months get here i assume, and then after that, they will be in overstay awaiting interview and green card, will USCIS deny green card because of this? if im not making sense, please ask questions, i am seeking legal advice but cannot get an appt for a week, i dont believe i really need legal advice and help on filing a i-485. im sure my trusty advisers here at immi portal will help me.

thanks
 
One additional question, can i file the i-485 without the i-130 because the i-130 is already filed, even though it not approved yet? i-130 still pending? can i filed i-485 alone
 
so, did they actually enter on B1/2? I doubt it, since Canadians don't usually require it, and those entering on B1/2 get I-94. Find out for sure.
 
info i have found:

You must obtain a copy of Form I-94 as evidence that the foreign national holds valid “B ” status. visa classification. If you do not obtain a copy of Form I-94, we have no evidence that the individual was in eligible visa status and, therefore, we will not be able to issue payment. (The only exception to this is for Canadian citizens - see section for Canadians.)

Q. What about Canadian citizens? They often don't even carry passports , and often arrive with absolutely no documentation.

A. It is true that Canadian citizens do not need visas or passports to enter the U.S. They However, they are required , however, to carry some form of identification confirming their Canadian citizenship. Often this will be a credit-card size d version of their birth certificate. The law permits acceptance of documentation other than a passport as proof of Canadian citizenship. Immigration regulations state that any Canadian citizen admitted to the U.S. without Form I-94, is "presumed" to be in "B" status. Be aware, however, that in the absence of a passport or Form I-94, you must obtain some kind of proof of Canadian citizenship.



i think that says it right there.
 
so can i file i-485 right now with a pending i-130, or do i have to wait til its approved? or do i have to file i-130 again?
 
js360 said:
so can i file i-485 right now with a pending i-130, or do i have to wait til its approved? or do i have to file i-130 again?
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You can file the I-485, and no need to refile the I-130. Submit a copy of the I-130 receipt to prove that an I-130 is pending.
 
when they ask for the i-94 info should i just leave it blank. do you think i should include a letter stating why there is no i-94. i heard of another canadian getting an RFE and just wrote them a letter?
 
do i file the medical exam with my i-485, or just take the medical exam to the interview when it happens?
 
As the I-485 package states, you must include the medical as well. Check the authorize doctors in your area. By the way, when they finish their medical, you can ask a copy of the paperwork that they filled out. They will give you the medical in a sealed envelope (DO NOT OPEN IT EVEN FOR CURIOSITY), that sealed envelope will go with your I-485 package.

Since they don't have a I-94, include a photocopy of their Canadian cards front and back.
 
js360 said:
canadian cards???? passport??? my son only has a birth certificate, will that work?
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Sorry me bad...since in one of your post states what you found says like a credit card-size proof of citizenship, so that's why I called it "canadian cards" sorry for the confusion...whatever documentation that states that they are canadian citizens...and that's why they don't have a I-94. I would include a copy of everything...
 
thanks for the help everyone, i knew i would get what i needed from here, i have all the paperwork ready and medical exam scheduled for next monday.
 
One last question, i am filing for both my wife and son, can i send them both in the same envelope or do i have to send seperately? sorry one last as well, for i864 what if i dont have my W2s from last year anymore, will a copy of my federal tax return be sufficient along with my paystubs and letter from employer, or are w2s a must have? edit again, sorry, very last question this time, do i-864 still need to be notarized?
 
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Keep a copy of all your tax documents for at least 10 years and better yet for life. If you don't have a complete copy of a return with all W-2(s) and information statements that you did not have to file, then request an IRS transcript instead. You'll get an RFE if you submit your own copy of the return but don't submit your W-2(s). I-864 does not need to be notarized.
 
thanks, what about filing and mailing everything in the same envelope, where it states on uscis website if applying with a parent, does that mean i still have to do everything seperate, and a seperate i864 for my son as well?
 
js360 said:
thanks, what about filing and mailing everything in the same envelope, where it states on uscis website if applying with a parent, does that mean i still have to do everything seperate, and a seperate i864 for my son as well?
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You'll need separate forms for each IIRC, but it all can be mailed together. I would suggest you do so to keep it all linked.
 
austriacus said:
Keep a copy of all your tax documents for at least 10 years and better yet for life. If you don't have a complete copy of a return with all W-2(s) and information statements that you did not have to file, then request an IRS transcript instead. You'll get an RFE if you submit your own copy of the return but don't submit your W-2(s). I-864 does not need to be notarized.
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I got a RFE asking for W-2's when I filed the AOS packet for my wife. Silly me i only included the 1040 thinking a W-2 wasn't needed. I did get the I864 notarized though (not sure if it has to be notarized)
 
ok guys, i have been working in canada most of the time i have had my green card, in fact, my last tax year, i never worked in the states, so i have no W2s, what would i do in this case. however i will be getting my w2 very soon for 2007, should i just send that, but i wont be filing my taxes for 07 before i send my application. or do i need to find the canadian T4s is what they call it there and include that, and write a letter explaining.
 
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