US citizen married to Canadian Citizen in US

Thanks for all the help guys! I just have one last question.

On I-130 the form requests for information about my Arrival,

"If your relative is currently in the U.S., complete the following:"

He or she arrived as a:
(visitor, student, stowaway, without inspection, etc.)

Arrival/Departure Record (I-94)

Date authorized stay expired, or will expire, as
shown on Form I-94 or I-95

These 3 questions, what should I put for them? N/A or None? Since I was not issued a I-94 because of my Canadian citizenship status.
 
Another question,

For Question #21 on the form
"21. If filing for your husband/wife, give last address at which you lived together. (Include street, city, province, if any, and country):"

Since I have overstayed my visitor status for over a year now, should I fill that out or leave it blank? Since I had no I-94 record, this could be used against me to show that I stayed in the U.S. for longer then 6 months even if I was married? I read somewhere that they could use this against you.

Should I fill out the address and mark it from when to when we lived together or should I just leave it blank?
 
Since I have overstayed my visitor status for over a year now, should I fill that out or leave it blank? Since I had no I-94 record, this could be used against me to show that I stayed in the U.S. for longer then 6 months even if I was married? I read somewhere that they could use this against you.

No, they can't use it against you. What they can and will use against you is a false statement. Just answer it truthfully.
 
No, they can't use it against you. What they can and will use against you is a false statement. Just answer it truthfully.

Need some help on filling out the I-485 ( http://www.uscis.gov/files/form/i-485.pdf )

All the information regarding the I-94, last arrival date, visa, should I just fill it out as N/A?

In regards to

Part 2: Application Type
I am applying for an adjustment to permanent resident status because

Which option would apply to me? I don't see any that do. I'm a canadian citizen, married to a U.S. born citizen. Should I select Other basis of eligibility? And input "Immediate relative of a U.S. Citizen Spouse"?

What should I fill in for my last arrival date? I don't have that information since I was not issued a I-94

Thank you.
 
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You have to write in the last arrival date. Visa number and I-94 number would be N/A.

For part 2, choose (a).

Would A apply to me though? "An immigrant petition giving me an immediately available immigrant visa number that has been approved" it asks to attach a copy of approval notice which I don't have.

Another question, I had my medical examination done 2-3 months ago and not within the same few days when I will be filing for the petition, would this make a difference? Just short on cash and had to do things in particular order of when the money was available to do this.

How would I get the last arrival date? I don't have it. Can I put an estimated guess?
 
The wording for (a) is badly chosen, but it is well-established that (a) is the choice for somebody applying based on marriage to USC.

The medical can be done as much as 12 months in advance of filing the I-485.

How would I get the last arrival date? I don't have it.
You don't know when you last entered the US? You need to figure it out. Don't guess it. Search your memory, your spouse's memory, your family back home might know when you last left Canada, look through old emails, etc.
 
Avio-That's what I thought. When customs ask you for your DL at the border and pass it through the system, it notifies them of warrants etc. However, if needed it does track when you entered the country and where. Trust me BP can track this and use it against your case that you entered the country (therefore broke your stay)
 
The wording for (a) is badly chosen, but it is well-established that (a) is the choice for somebody applying based on marriage to USC.

The medical can be done as much as 12 months in advance of filing the I-485.


You don't know when you last entered the US? You need to figure it out. Don't guess it. Search your memory, your spouse's memory, your family back home might know when you last left Canada, look through old emails, etc.

I know I last entered the US back in August 09, somewhere between 5th to 8th, not sure of the exact day and date.
 
avio, check with your bank statements around that date. If you made transactions in the US or Canada it will tell you
 
avio, check with your bank statements around that date. If you made transactions in the US or Canada it will tell you


On the I-131 application, which option would I select for Application Type?

For all applications, theres a lot of if questions, should I just leave them blank if they do not apply to me? Or should i fill them out with None or N/A?
 
Your application type is (d), applying for AP to return to the US after foreign travel.

If they say "if blah blah, skip to section X", or "if Yes to question X, answer this:" you can leave the skipped sections blank because it will be obvious from the other information that the skipped question/section is not applicable to you.
 
So what if I am still unable to look for my last arrival date? Basically screwed or something? :rolleyes::confused:
 
My wife did not file for 3rd year of taxes, she only has the last 2 years not 3. Would this be a problem? On the affidavit of support it it asks for "(3rd most recent)" tax year and total income, she does not have this information. What should we put in there?
 
Why didn't she file for 3 years? Lack of income for that year?

yeah she wasn't working full time

i'm 90% prepared with the application.

1. Do I need to submit 2 different checks with the application? 1 for I-130 and a 2nd one for I-485? or should I just combine the fees and submit one big check?

2. If she doesn't have the 3rd year tax return, should we just write NONE in the application? She's 21, and I'm 22 so employment history is lacking thus the reason for no tax return for the 3rd year.
 
Another question, on form G325-a it requests my Mother's information of residence, she passed away, would I put deceased in the residence field ?
 
Bump.

On the green card through marriage application guide, it says I need a letter from petitioner's employer and bank, what exactly is the letter suppose to say and which application requires this? The affidavit?


On form G325-a it requests my Mother's information of residence, she passed away, would I put deceased in the residence field ?

What happens if my wife's income salary does not meet the 2010 guidelines for the 125% poverty line of Form I-864P $18,212? Would my application be denied??
 
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