I-485 for Spouse, Please advise

S

savant123456

Registered Users (C)
Hi Folks,

I need some advise here. Does the spouse needs to be present in the U.S. in order for me to file for AOS along with my pending AOS? Can I file for her AOS when she is out of the country by using her doucments and the marriage certificate? In this case what happens for the fingerprints? Can she just come in for her fingerprints, give her prints and then go out of the country again?

My would be spouse does not have any visa problems since she is a Canadian citizen and hence can come into the country whenever she feels like. We plan to get married soon (maybe in a month or two), but unfortunately she cannot come and stay with me in States right away due to some personal reasons. But I would like to file her AOS ASAP after marriage and not wait for the time when she finally moves down to states. Is there a way to do that?

Please advise.

Thanks,
Sav
 
But chijan, She is a canadian citizen, when she comes down to States, she does not get an I-94 !!! This is puzzling ...
 
As far as i know and according to my Lawyer, one needs to be present in US, i am not aware about Canadian Citizen.
 
may be it's wrong direction, but i think INS consider person by birth country not by citizanship.

For your case, I would recomodate is file AOS for her when she is here, stay and get AP receipt and go back to canada and renew AP although it might not needed.

Other option would be go for CP and follow to join process or do to geather cp in canada or india.

I am not lawyer but best thing to consult lawyer so you won't have problem in future.

I hope this help.

JB

Originally posted by chijan
As far as i know and according to my Lawyer, one needs to be present in US, i am not aware about Canadian Citizen.
Click to expand...
 
thanks jbm,

I was trying to collect more information on the subject and found out that at the minimum, one needs a I-94 # for AOS. Now if a canadian citizen enters US as a tourist there is no I-94 issued. so does that mean that I would have to sponsor her H-4 in order for her to get a I-94? Has anybody gone through a similar process? If I need to do that then what is the procedure to get a H-4 for a spouse in Canada? ...

Please advise guys, thanks in advance.

-Sav
 
hello,

First take a look on I-485 form. u will know whivh information u need and according to that u may ask lawyer about ur case.

As far as i know I-94 # is mandetatory field in the form. I think I-94 # is issued everyone except US GC holder and Citizens.
 
chijan,

I dont think I-94 is mandatory, she has visited me in states before and was never issued an I-94. I think that in order for the canadian citizen to get an I-94, they need to come in thru either B1 or H-4 .. anybody has this experience before?

thanks,
sav
 
Hello,

then I am sorry. u may consult lawyer or anyone else who has same situation.

good luck.

BTW, when did you apply ur I-485 and how long it took to get receipt at vermont? i want to apply I-485 but my spouse is out of country now so i am wondering should i wait for her or just file now for myself and apply for her later when my I-485 receipt come.
 
chijan, if your wife is gonna come back in a few months then go ahead file it .. dont wait .. if she is going to be out for a long time then wait for her to come back.

my 485 is :
MD - 10/02/02
ND - 10/23/02
FP scheduled on Nov 26th
 
Hello what is MD? is it RD?

R u still waiting for receipt. My spouse would be back in Dec 3rd week so i am just wondering if i get U-485 receipt by Dec. than i want to apply now so she can apply by my using receipt otherise she has to wait until receipt comes.

what did ur lawyer said about I-485 receipt time. Mine said it takes 4 weeks to get receipt. is it true??
 
MD is mailing date, if she will be back in dec 3rd week .. what are you wating for? ... file it dont waste time .... it takes 2-3 weeks to get the recipt
 
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