nickjollynick

Hi,

I hope somebody can shed some experience on this.

I am a Canadian and have been in the US on TN Visas since April 2004.
The latest Visa I received was in Feb 2006 good until Feb 2007.

After starting that new job, I met my love (my now wife). I was
travelling 600 miles each way to visit with her and the new job was not
working out the way I had hoped it would (financial problems with the
company) and one day last may I just decided to quit my job and visit
with my girlfriend for awhile to see how deep our love really was, and
of course to look for new employment opportunities in that locale.

On Friday Nov., 10th we said our "I Do's"!!!!!

We are now filling out this packet so that we can live in the US.

I-130 Petition for spouse
I-864 Affidavit of support
I-485 Adjustment of Status
G-325A Biographics
I-693 Medical Exam
I-765 Employment Authorization Document


Questions:

Are these all the forms I will need to fill out? I send them all at
once, to Chicago LB, right? What about the I-693? Do I just make an
appointment with a Dr.? How does that work? Or do they send me an
appointment notification and then the Dr. sends those I-693 in?

Will my US medical insurance cover that Dr. visit? :-)

I don't need to travel back to Canada (unless there is an emergency I
suppose), and I think I might be in an overstay therefore Advance
Parole seems like a waste of money. Since I likely won't benefit from
it?

Am I in an overstay situation?

My TN Visa originally expires Feb 2007, but I terminated my employment
earky with that company in May 2006 and have not worked since.

There is a question on I-130 (14.) If your relative is currently in the
US, complete the following: He or she arrived as a: (TN Work Visa).
Arrival/Departure record (I-94) (Number)
Date Arrived (Feb 2006)
Date Authorized stay expired, or will expire, as shown on Form I-94
(What do I put here? Feb 2007 or May 2006 when I quit my TN job???)

Also, field #15 asks...
Name and address of present employer (NONE)
Date this employment began (since I am not presently employed, I leave
both these blank, right?)

One final question for now!!!

On the Form I-485 Instructions (Rev. 07/24/06)Y page 1
Who may file?
It states that I may file since:
"You are filing this application with a completed relative petition,
......, which if approved would make an immigrant visa number
immediately available to you."

But then on page 2 under "Who is not eligible to adjust staus" it
states:
"you are not eligible for adjustment of status if any of the
following apply to you:
Your authorized stay expired before you filed this application"

Am I eligible to file for adjustment of status?

This is a mountain of paperwork and I already have a headache!

Thanks for any help in advance!

NJ

Noorah101

I can help with this part. Yes, those are the forms, and yes, they all go to the Chicago lockbox together.

You need to make an appointment with a USCIS designated civil surgeon to have your medical done. The doc has the form I-693. He will do the exam, fill out the form, and give it to you in a sealed envelope. You include that sealed envelope in your AOS package. If you happen to find a civil surgeon who is also on your health plan, then you might be covered. But you must go to one of the designated ones by USCIS. A list should be on www.uscis.gov somewhere.

Oh, bring proof of your vaccinations with you to the doc.

Best Wishes,
Rene

Rete

Also need to include the $70 biometrics fee as well. As for your TN-1, it became invalid on the day you quit working. At least this is my take on the TN and when it becomes invalid. You started overstay from that point until the day you file for AOS and it is received and accepted. If my assumption is correct, then you are over 180 days in overstay and should not leave the US for any reason even with A/P unless you don't mind starting over while she is in Texas and you are back in Canada.


It asks for as shown on the I-94 so you answer as such.

Do not leave any blanks in any of the forms. Answer all questions appropriately.


You are eligible to apply for residency based on marriage to a USC. The I-130 is your relative petition. It has not been approved as yet so there is no number to be placed there. Answer it with I-130 attached.

There is a great deal of paperwork involved and must be answered correctly. Perhaps you might want to retain an immigration attorney to assist you and/or contact your local Catholic Charities in Texas. They run an immigration clinic which is low cost. Look up posts by Scarlett who successfully used their services.

nickjollynick

Not true at all. The vaccinations and their need are based on your counry of origin and living prior to the US and your age. It is assumed that most adults coming from the UK or Canada or any first world country, have had the required immunizations and will most likely only require updated vaccinations of tentaus, etc.

Miki Kawazu

If you are not sure about the forms or anything about filing, you should go to the INS office. We tried to fill out as much as we could, and left the things we were not sure and took it to the office. The officer was very kind to help us filling out the forms. Also they would give you the package for everything you need for the filing with check list. It was very helpful. You probably need to make an appointment online, and go to the office.
It takes time to understand and fill out all the forms, but all they are asking is your information and your spouse's information, so if you guys help each other filing the forms, it should not be too difficult. Good luck.

ian-mstm

Consider yourself lucky. USCIS officers are *not* obligated to help you in any way to complete the forms, they are *not* obligated to check the forms for accuracy, and they are *not* obligated to check whether or not the forms are even completed properly. If either you or the officer made a mistake, it will come back on you... it is your responsibility to ensure the forms are complete and accurate. Personally, I would *never* ask anyone from USCIS to help with filling out forms.

Ian

nickjollynick

Thanks Rete,

It is a good question regarding the overstay. This Thursday coming up
is day 180 and I do not think we will have everything we need to file,
prepared in time.

We are in Georgia, not Texas. :-)

NJ

nickjollynick

Since I will be in 180 day overstay situation as of Thursday, and since
we probably will not be able to get all of this information gathered
together to file before then, it appears to me that my authorized stay
will have expired before I filed this application.

This statement in the instructions for AOS leaves me wondering if
indeed I am eligible to adjust status?

But then on page 2 under "Who is not eligible to adjust staus" it
states:
"you are not eligible for adjustment of status if any of the
following apply to you:
Your authorized stay expired before you filed this application"

What should I do now? File a different form than the I-485?

NJ

Elvira

You are lucky. Overstays are almost always forgiven for spouses of USCs.

Just don't leave the country until you have adjusted status.

Noorah101

It's OK. Just file everything as normal. Overstays are forgiven by USCIS if the petition is marriage-based, which yours is.

Rene

Rete

Hey, if you insist on believing that you don't qualify to stay and AOS after reading others (myself included) tell you that you can, then by all means have your wife file the I-130 on your behalf and take yourself back to Canada and wait out its approval and the rest of the processing at the US Consulate in Montreal.

Or, get yourself an attorney, which might well be the best thing anyone can tell you to do ;-)

Donna Hamilton

I am sorry to say that the rules change day by day. They changed the requirements for me for my residency interview with one weeks notice!

You did the WORST thing you could do by getting married in the US! The USCIS WILL deport you!

I started this process last year, in August 2005. I was advised in no uncertain terms by the "border agents"/immigration in Soo Canada, to 1) not get married in Canada and 2) not to get married in US without a Fiance Visa!

I personally ran into a Canadian man last summer who did as you did. He and his family are now living in Canada, as US Immigration deported him because they married in US without a fiance visa! (Even though he was already working in US on a VISA). Trying to fight immigration cost him everything he owned and they still arrested him and deported him! Now he cannot re-enter the US for any reason for five years, and they would still have to do the paperwork to bring him into the US as a spouse afterwards!

You HAVE TO LEAVE the US and apply as a spouse to re-enter. Please note that your wife applies to bring you to the US, and that you are now in with the "regular" immigrants (ie a 2 to 4 year waiting list).

I know this seems strange, but that is the way it is. Or at least that is the way it is today (Nov 13, 2006)

If you do talk to immigration, do NOT say that you are married, but only considering options! DO NOT FILE ANY FORMS until you are back in CANADA!

I did all the forms on my own, just systematically work through them. Call the call center with any questions.

If I can be of any further help, let me know..

---
posted via:
http://www.visaforyou.org/eng/

Rete

With all due respect, this is untrue.

Again not true. There are circumstances where an AOS will be denied and we don't know the circumstances under which this gentlemen crossed the border, married and applied for AOS.

I don't know where you get your information from and would appreciate if you would share the law or regulation you are referring to.

You are so off the mark, Donna. The call center is known as the 1-800 misinformation for good reason. If you go by their recommendations, you might well find yourself back in Canada.

meauxna

Donna, can you clarify what requirements for your residency interview changed and with a week's notice?

I think there is not enough info here for you to say that the OP will be deported--care to share why you think that?

Don't advocate lying to CIS, that is a path to bad news, indeed.

Donna Hamilton

Well, you are correct about the circumstances for the gentleman, I may not know all of the "facts". However, I was also warned by the caring Customs/Immigration at the bridge in my home town of Sault Ste. Marie, that if I married in the US without a fiance visa, I would be deported and have to wait with the other immigrants to return. Spouses no longer get preferential treatment and that it would take 2 to 4 years!(as to spouses it was on the website, also.)

These immigration officers deal with the new regulations on a daily basis. I too was surprised by the warning. My family has married across the border for generations. My close family all got married in Canada. My aunt married in the US in the 60's. What I have learned is that the requirements change daily.

As for the call center, I agree about misinformation. I have been guided through this process by the Immigration Officers in Sault Ste. Marie, Michigan and in Tampa, Fl. (Detroit Michigan is hopeless!) They have been courteous, very helpful, and well informed. Due to their help, my process has been as quick as the back log allows.

I started this process last August, married in February, got my EAD and SSN in June and am going for my conditional permanent residence interview. .

---
posted via:
http://www.visaforyou.org/eng/