Canadian Applying for Green Card, help please...

C

chaimdan

Registered Users (C)
Hi there,

Sorry this is so long, I just want to clear things up once and for all.

I am Canadian and I married an American about 6 months ago. I've since lived in NY. My wife is from Pittsburgh, PA...

I have not yet had a chance to work things out with a green card for various reasons, but I really want to get it sorted out ASAP.

I just need some help to with a few questions I've got, and to confirm I've got the information correct.

I understand I need to first file an I-130 for adjustment of status, then a I-485 for Permanent residence, and I-131for advance parole.

I have a bunch of questions....

1. First off, I see that in NY they are way back on processing the 485, considering we are probably going to move to Pittsburgh in the future, can we already apply there? (We have my wife's address there which we can use.) if we can, will she need a PA license or some form of ID in the future? (because at the moment she holds a California License, so I guess the only document we have is the marriage certificate which shows her parents home in Pittsburgh)

2. I heard I am suppose to receive fingerprint clearance from any country I resided in for more than a year (in the past 5 years), IF this is correct, what would be the case if I was in a country for about 9 months than left for a month or two and then was back for a couple more months? (I did a lot of traveling over the past 5 years but was never in any country consecutively for more than a year. and also some of the countries are kind of hard to deal with i.e. Ukraine...)

3. I was told that I need to apply within 6 months of my entry to the US. Now although I've been here since we've married 6 months ago, I've also traveled abroad a few times and have stamps in my passport, can I consider my latest stamp as if I entered less than six months ago (Also is it enough to send a copy of an entry stamp in a passport since Canadians don't have a I-94?)

4. Do I need a fingerprints from Canada? if so anyone know the procedure to get them done (I'm traveling there this weekend.)

5. My wife was a part time student and was also doing low pay volunteer work the past few years, I understand I can use my in-laws as sponsors, but what is the amount he has to be earning in order to be able to sponsor me (what is 125% above poverty line? he currently has only one son who lives at home with him and his wife...)

6. As far as filing the above documents, do I file the I-485 right after I file the I-130 or do I wait for something?

7. Is it necessary for me to get the medical examination?

Thanks so much for your help, Much appreciated... Chaim
 
Hi chaimdan,

Just to clarify.... The I-130 is not for an adjustment of status, it merely establish the basis of your relationship. The I-485 is to adjust for Permanent residence base on an approved I-130.

To help us answer your questions better, we need to know your current status in the US .. under what Visa did you gain entry into the US.
 
Thanks for your reply. Being that I'm Canadian I entered the US without a visa... I'm here as a visitor. As I said earlier, the last time I entered was about 2 months ago, I have the usual entrance stamp which is given to Canadians when they enter.
 
1. First off, I see that in NY they are way back on processing the 485, considering we are probably going to move to Pittsburgh in the future, can we already apply there? (We have my wife's address there which we can use.) if we can, will she need a PA license or some form of ID in the future? (because at the moment she holds a California License, so I guess the only document we have is the marriage certificate which shows her parents home in Pittsburgh)
chamdan, question for you, do you currently live together with your wife? The reason I asked is when you prepare all documents, you need some sort of joint documents or bills that stated you both live in the same place. With this address, that is where you should apply your adjustment status.

I know you probably try to avoid NY DO but it's going to raise questions when you go to the interview based on your documents.

2. I heard I am suppose to receive fingerprint clearance from any country I resided in for more than a year (in the past 5 years), IF this is correct, what would be the case if I was in a country for about 9 months than left for a month or two and then was back for a couple more months? (I did a lot of traveling over the past 5 years but was never in any country consecutively for more than a year. and also some of the countries are kind of hard to deal with i.e. Ukraine...)
You will get a fingerprint notice after you sent your documents and you have to schedule an appointment with your local DO

3. I was told that I need to apply within 6 months of my entry to the US. Now although I've been here since we've married 6 months ago, I've also traveled abroad a few times and have stamps in my passport, can I consider my latest stamp as if I entered less than six months ago (Also is it enough to send a copy of an entry stamp in a passport since Canadians don't have a I-94?)
That should be fine.

4. Do I need a fingerprints from Canada? if so anyone know the procedure to get them done (I'm traveling there this weekend.)
Again, you'll get a fingerprint and biometric notice after you file your docs

5. My wife was a part time student and was also doing low pay volunteer work the past few years, I understand I can use my in-laws as sponsors, but what is the amount he has to be earning in order to be able to sponsor me (what is 125% above poverty line? he currently has only one son who lives at home with him and his wife...)
I think as long as he meets the requirement it should be fine but double check this again

6. As far as filing the above documents, do I file the I-485 right after I file the I-130 or do I wait for something?
I filed all of my forms at the same time that way you don't have to wait too long

7. Is it necessary for me to get the medical examination?
Yes, get the medical exams before you file so you don't get an RFE which will delay your process. it's not necessary but I recommended. If you don't get a medical exams or lack of documents, it's fine but it WILL delay your process so it's better if you can get everything together in the first time
 
just keep in mind, when your AOS interview comes up, the question of intent when you cross the border will come up since you entered as a vistor and you stayed.

If you are going back to Canada this weekend, when you return to the US, what are you telling the officer at the POE?
 
Last edited by a moderator:
Thanks a lot for your replies, much appreciated...

mikew151 chamdan, question for you, do you currently live together with your wife? The reason I asked is when you prepare all documents, you need some sort of joint documents or bills that stated you both live in the same place. With this address, that is where you should apply your adjustment status.
I know you probably try to avoid NY DO but it's going to raise questions when you go to the interview based on your documents.

Yes I currently live together with my wife. Because I am not a US citizen and don't have a SSN, I can't be on any of the utility bills (perhaps if we already used her SSN, they can add me without a SSN?!) I think we may have a bank statement we share...

As far as having a proof of address out of town, would I be able to ask my inlaws in PA to change some of their utility bills to my wifes name and use that as proof of address? do I need more than one document? (or how about if I was living at my in-laws, what utility bills would I have then?!)

You will get a fingerprint notice after you sent your documents and you have to schedule an appointment with your local DO

Is this for US fingerprints or out of the country ones? I thought I needed from everywhere I've been to in the past five years if I was there more than a year? Since I'm going to Toronto this weekend I would like to get it done there if necessary.

tams When I cross the border, my wife and I cross seperately (since she stand in the US citizen line) and I just say I am on a visit.... (is that bad??)
 
Yes I currently live together with my wife. Because I am not a US citizen and don't have a SSN, I can't be on any of the utility bills (perhaps if we already used her SSN, they can add me without a SSN?!) I think we may have a bank statement we share...
That's fine for now, but after you file your documents, you will get EAD card to apply for SSN that you can use for applying Driver License and utility bills on both names. In case you don't have it yet, open a checking account with both names on it, you should be able to do it just with your passport. Once you get a SSN, apply for a credit card, auto & life insurance, etc with both names. I know it's silly but that is what the immigration want to see.

As far as having a proof of address out of town, would I be able to ask my inlaws in PA to change some of their utility bills to my wifes name and use that as proof of address? do I need more than one document? (or how about if I was living at my in-laws, what utility bills would I have then?!)
Yes, get more than one document if possible, basically the idea is trying to get as much as proof to show the immigration officer that you established your relationship after married. Believe me you'll feel more confidence with a lot of documents in you when you go for interview.

My personal experience, I brought a big boxes to the interview; pretty much everything you can imagine. And they never asked me anything and my interview only last for 3 minutes.

You will get a fingerprint notice after you sent your documents and you have to schedule an appointment with your local DO

Is this for US fingerprints or out of the country ones? I thought I needed from everywhere I've been to in the past five years if I was there more than a year? Since I'm going to Toronto this weekend I would like to get it done there if necessary.
It's for US fingerprints. If you're gonna get one in Canada, my advice is get it. It's better to have one. But you still have to go to the US fingerprint too. You'll know it when you get a notice.
 
It is important to understand that ALL the background and checks of all kinds are made by the USCIS authorities you only give them the information. For example, one of the forms G-325a you must say where you were working and living. Doesn't matter where, you must say where you were. They can check that out.
If you go through Adjustment of status everything is within the US. Your medical is through a designated civil surgeon given by USCIS here in the US, you can find almost ALL the information in order at www.uscis.gov
As mike explained several times, you will undergo FP and biometrics after you submitt the forms and you will received a notice for that. Please make a search around this forum and you will find a lot of information about it (check EAD timeline).
Second, you are married to a US citizen. So, if at the POE the officer ask what you going to do in here? you must consider very carefully what you going to say. If you say your wife, then obviously you will have immigrant intent, but if you say the contrary that information can come during the interview.
At the time that you submitt your forms, you can't travel anymore as a Canadian citizen without a visa, you are in "pending adjusment of status" and you must file Advance Parole, now check the Warning on form I-131. If you travel without it and at the POE found it out and anyway your out of the country will be register, you could get in trouble and your application consider abandon.
It is important to understand that at the end when you married a US citizen you must undergo an interview to demostrate that your marriage is bona fide and not to skip immigration laws. Saying this, you must start keeping all type of documents, tickets, pictures of you together (before and after). Part of everything, is when you get your EAD, you get statements and bills in both names.
About addresses, keep in mind that the I-130 is the petition that your wife is making for you, that form is not yours, is hers. Your form is the I-485 and the rest. You are the one who is asking to adjust your status from visitor to permanent resident thanksfully that your wife petition for you as her spouse. It is recommended and stated in the last news bulletins of the USCIS that family based cases for immediate relatives send all the aplications at Chicago Lockbox (I-130/485/etc.). The address that you put in the forms is where you are living right now and remember that they will ask you if you were living in that place, for example, they can ask you for bills and check what is the address state there. If you change of address (mean move) you must file AR-11 to notify about your change of address.
Affidavit of Support, even your wife doesn't make the 125%, she must file the affidavit of support anyway and your in-laws can be joint sponsor.
You can't decide where you want to file or where you want to have your interview, it is decide by where you live.
Good luck,
 
You must log in or register to reply here.
Top