ok, so im just about ready to send everything, my wife and child have there medical exam today, i will get the results package on wed. i have an consultation appt with an attorney today, just to ease my mind basically and to look over my paperwork i did. before i send can anyone answer my last question above, is my canadian t4 which is equivilant to an american w2 good enough to send? and also i will be getting my 2007 w2 from my current employer this week, should i send a copy of that as well even though i wont have filed my 2007 tax return yet just for a proof of income? and one final question, my son has no photo id as he is just 1, will only sending a copy of his birth cert be good enough?
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Can I File I-485 AOS??? Please Advise
- Thread starter js360
- Start date
I (US Citizen) am planning to apply for my mother (Canadian Citizen). She just entered the US by land. She can legally stay in the US for six months and do not have an I-94. Can you kindly share your experience about applying for your wife and children who were Canadian citizens? Thanks.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
I (US Citizen) am planning to apply for my mother (Canadian Citizen). She just entered the US by land. She can legally stay in the US for six months and do not have an I-94. Can you kindly share your experience about applying for your wife and children who were Canadian citizens? Thanks.
i applied based on the same status as your mom would be in. lawyers recommend them being in the country atleast 3 months before you apply for them that way it doesnt show intent. she enteres the us on a visitor B visa i believe or something like that, its been a while, were now in the waiting process and dont have to worry about that legal stuff anymore. but basically you just file adjustment of status, thats all. but i would recommend you use an attorney. we are using an attorney, but i prepped everything on my own, and basically just got the attorney to mail shit and come to the interview, but most parents cases dont require interview so you might be fine just applying on your own.
Thanks js360! I think I will wait a little bit and then apply. If I apply before the end of six months, does she need to request to extend her stay beyond six months? One more thing as Canadians doesn’t get an I-94 while crossing the border, should I just put N/A in the forms and add a separate piece of paper explaining it like how she entered the US? Thanks again for your quick reply and good luck.