Jackolantern
Registered Users (C)
Most of them are not applicable if you pursue consular processing. Is that the route you are going to take.
US citizen married to Canadian Citizen in US
- Thread starter avio
- Start date
No I will be going the adjustment of status route as the lawyer I consulted recommended it as being the fastest route, and given the fact that I have overstayed my visitor status in US, that's the only route I should be taking or else I will be risking my reentry back into the U.S.
Jackolantern
Registered Users (C)
I didn't realize you had overstayed. I thought you had traveled back and forth since getting married, without overstaying.
I'm not sure I agree with the lawyer's assessment of AOS being faster, as that varies a lot with each individual case and each consulate. But if you have a significant overstay (180 days or more), AOS really is your only viable option.
In your case, you need all the forms that you listed, except the I-131 and I-765. Don't bother with the I-131, because your overstay means it will be useless even if they approve it. And the I-765 is optional, but you should go ahead and apply for it if you want to work or get a US driver's license before the green card is approved.
The instructions for the forms tell you where to send them. You can't just drop them off at a USCIS office.
Why would the I-131 Advance parole be useless? Since the legal limit of staying in the US for Canadians is 6 months, I'm about 3 months over that. Lawyer said one I file for my I-130, the overstay is forgiven and I can travel as soon as I get the I-131 Advance parole in hand.
Jackolantern
Registered Users (C)
If you overstay by 180+ days, it is NOT forgiven if you leave the US before your green card is approved. Upon leaving, you would get banned for 3 years if the overstay is between 180 days and a year, 10 years if the overstay was a year or more.
But now that you have clarified that your overstay was under 180 days, it's a different matter.
TheRealCanadian
Volunteer Moderator
Your lawyer is wrong, but you might not be subject to any re-entry bars. Did you get an I-94 when you entered the US?
Nope nothing, No I-94, or anything else to enter into the U.S. They just asked me a few questions at the border when crossing, put some info into their computers, made me fill out a customs declaration and that's about it. I was not issued any visa, nor any stamps on my passport or a time limit given to stay in the U.S.
Avio, No, the affidavit of support does not need to be notarized. The sponsor just has to sign the form. You should know however, when the sponsor signs an Affidavit of Support form, he/she certifies that the information provided, transcript and/or photocopy of tax documentation is true and correct, under penalty of perjury!
Form I864 only requires you to provide income tax return for the last year. The 2 years prior to the last are optional.
Regarding the number of passport pictures, there is a maximum of 8 that you have to submit IF you file all the forms above. For example, if you decide you are not going to file I-131, but all the others, you will only need 6 photos. Check the filling and filing instructions on each form that you are going to file and you will find out how many pictures you need.
And yes, you are correct in the fact that 2 sets of G-325A need to be filed: one by you and one by the sonsor.
The letter from your wife's employer should state: what is the purpose of the letter; that she is CURRENTLY employed; since when she has been an employee; and what her annual salary is.As additional proof, she can also submit a copy of her last few paystubs.
Form I864 only requires you to provide income tax return for the last year. The 2 years prior to the last are optional.
Regarding the number of passport pictures, there is a maximum of 8 that you have to submit IF you file all the forms above. For example, if you decide you are not going to file I-131, but all the others, you will only need 6 photos. Check the filling and filing instructions on each form that you are going to file and you will find out how many pictures you need.
And yes, you are correct in the fact that 2 sets of G-325A need to be filed: one by you and one by the sonsor.
The letter from your wife's employer should state: what is the purpose of the letter; that she is CURRENTLY employed; since when she has been an employee; and what her annual salary is.As additional proof, she can also submit a copy of her last few paystubs.
TheRealCanadian
Volunteer Moderator
Then you are not at risk of the 3 or 10-year bars, and there has been no overstay. You can't overstay if you never got an I-94.
Jackolantern
Registered Users (C)
Yes, but mine was employment based, and most employment-based cases take a long time.
They have ways of figuring it out, including data sharing with Canadian immigration, although they can't know it for everybody. If they suspect you overstayed, are you going to lie by saying you returned to Canada months sooner than you actually did, and how would you back up that lie?
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Jackolantern
Registered Users (C)
That is false. The lack of an I-94 does not give Canadians carte blanche to stay as long as they want.
I read that before submitting all the forms/applications, I should make photocopies and then submit the photocopies instead of the originals? Do I need to submit my birth certificate copy as well or will a passport copy be just do fine?
Thank you so much Fushy and TheRealCanadian, I should have my papers filled out, my medical exam will be tonight, and I will have the results in hand Thursday and I will submit everything together on Thursday.
when I put the applications in the same envelop, should I staple all the application papers together so they are distinguishable from each other? And I will put everything in one envelop including the money order, the medical exam report and submit it all as one package? Should I place the applications in a specific order? Would you recommend including a cover letter in front of each application?
Can the money order be paid using a credit card or does it have to be bank issued? Meaning can I obtain it using credit card from Walmart?
Thank you so much guys, I REALLY appreciate it! Me and wife are young, and this is the first time we're applying for anything involving the government and it's just a lot of paper work that I never had to deal with before/
Thank you so much Fushy and TheRealCanadian, I should have my papers filled out, my medical exam will be tonight, and I will have the results in hand Thursday and I will submit everything together on Thursday.
when I put the applications in the same envelop, should I staple all the application papers together so they are distinguishable from each other? And I will put everything in one envelop including the money order, the medical exam report and submit it all as one package? Should I place the applications in a specific order? Would you recommend including a cover letter in front of each application?
Can the money order be paid using a credit card or does it have to be bank issued? Meaning can I obtain it using credit card from Walmart?
Thank you so much guys, I REALLY appreciate it! Me and wife are young, and this is the first time we're applying for anything involving the government and it's just a lot of paper work that I never had to deal with before/
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Well the Canadian border 90% of the time doesn't put me into the computer, they just check and verify my drivers license, passport and welcome me back with open arms
And the U.S. border patrol does not have the shared details of when a Canadian returns back to Canada by land, not air travel. The data sharing with Canadian immigration is only for criminal records, not travel information as far as I know.
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Jackolantern
Registered Users (C)
Results by Thursday? Don't you have to return to the doctor 3-5 days after the initial exam for them to check your skin for the TB test?
Submit only photocopies of your documents; keep the originals for the interview.
The doctors office told me since the Test will be done tonight, I will have results by Thursday (the sealed envelop). I'm already up to par with all my immunization vaccines and I had the record faxed over to me by my family doctor in Canada.
I'm just going by what they told me, perhaps they were wrong so I can't be a 100% certain but I'll have all the paper work ready by tonight and then wait for the medical examination results to submit the forms to the local USCIS office.
My only question remains, can I submit a money order paid for via credit card at places like Walmart?
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TheRealCanadian
Volunteer Moderator
Both your statement and mine are true. While Canadians cannot legally stay longer than 180 days, there are no consequences of staying longer. Without an I-94 there is no illegal presence until USCIS makes a formal determination that they are out of status.
Avio,
You have to submit the filled up forms with the original signatures on them! DO NOT FORGET TO SIGN EVERYTHING, INCLUDING YOUR CHECKS! However,the required evidence can be submitted as photocopies. I would highly suggest you submit copies of yor birth certificate and passport.
Also, when you assemble your application, use a standard two-hole punch at the top of the pages and two prong ACCO fastner. Fasten each form with the reqquired evidence together. This will minimize handling errors by the immi officers. And yes, include each check or money order with the respective form. For more tips on this go to: http://immigrationroad.com/resource/tips-on-assembling-immigration-application-package.php
The order does not matter. A cover letter for the entire application may be useful. You can include in this coverletter a list of the package content. Also sign it. Cover letters for each form are not necessary, unless you need to explain the answer to some questions in more detail.
Not sure where the money order has to be issued. I included a regular check from my checking account. This way, if you have online banking you can keep an eye on when they withdraw the money!
You have to submit the filled up forms with the original signatures on them! DO NOT FORGET TO SIGN EVERYTHING, INCLUDING YOUR CHECKS! However,the required evidence can be submitted as photocopies. I would highly suggest you submit copies of yor birth certificate and passport.
Also, when you assemble your application, use a standard two-hole punch at the top of the pages and two prong ACCO fastner. Fasten each form with the reqquired evidence together. This will minimize handling errors by the immi officers. And yes, include each check or money order with the respective form. For more tips on this go to: http://immigrationroad.com/resource/tips-on-assembling-immigration-application-package.php
The order does not matter. A cover letter for the entire application may be useful. You can include in this coverletter a list of the package content. Also sign it. Cover letters for each form are not necessary, unless you need to explain the answer to some questions in more detail.
Not sure where the money order has to be issued. I included a regular check from my checking account. This way, if you have online banking you can keep an eye on when they withdraw the money!