Jason C.

Greetings,

I am a Canadian citizen who is married to a U.S. citizen and currently living with
her in the U.S. I have never been denied entry into the states and have a valid
passport. I have been advised to apply to an AOS so I can remain here and help raise
our two children.

I have the following questions about filing the AOS:

1) Do we have to wait for approval from the petition for Alien relative (i-130)
BEFORE sending in the I-485? In the form, it appears to conflict - it says that if
you are concurrently submitting the I-130 and the I-485, you should sent it to the
INS office in your jurisdiction(Detroit). After that paragraph, it says if you
live in (Michigan) you must sent the I-130 form to USINS in Nebraska...........

2) Do I need to file an I-130?

Thanks Jason and Therese

Andy Platt

"Jason C." <[email protected]> wrote in message
news:[email protected]...
    > Greetings,
    >
    > I am a Canadian citizen who is married to a U.S. citizen and currently living with
    > her in the U.S. I have never been denied entry into the states and have a valid
    > passport. I have been advised to apply to an AOS so I can remain here and help
    > raise our two children.
    >
    > I have the following questions about filing the AOS:
    >
    > 1) Do we have to wait for approval from the petition for Alien relative (i-130)
    > BEFORE sending in the I-485?

No, you file them concurrently at the local INS office (with the exception noted on
the INS website for Baltimore).

    > In the form, it appears to conflict - it says that if you are concurrently
    > submitting the I-130 and the I-485, you should sent it to the INS office
in
    > your jurisdiction(Detroit). After that paragraph, it says if you live in (Michigan)
    > you must sent the I-130 form to USINS in Nebraska...........

There's no conflict. The I-130 clearly states that if you are filing with the I-485
you file them together at the local INS office (with the exception mentioned above
for Baltimore). If you *weren't* filing them together you would file at Nebraska.

    > 2) Do I need to file an I-130?

Your wife files it concurrently with the I-485.

Here is a good overview of the process. You should also read the section on tourist
visa adjustment in the second site:

http://www.geocities.com/immigration_helpsite/index.htm
http://www.mindspring.com/~docsteen/...o/visainfo.htm

Andy.

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