Starting I-485 /AoS process

[cardamom]

Hi all,

Thanks to all who have submitted to this site! We've found the information here very useful so far.

I'm a Canadian citizen, currently in the US on a tourist visa that has not expired (many months to go). I'm married to to a US citizen, with whom I live. I've been advised to apply for an Adjustment of Status (AoS) and to remain in the country, as it seems the fastest route to becoming eligible to work.

One of our primary concerns is that I will be considered to have entered the country fraudulently, since I intended to stay permanently - not as a visitor.

We have read several of the sections posted here (https://www.immihelp.com/i-485-adjustment-of-status/), (https://www.immihelp.com/family-based-greencard/), but still had some specific questions:

1. What forms do I need to submit during the AoS process? Specifically, do I need to file an I-130 in addition to the I-485 and I-765?

2. Can I file all forms simultaneously or do I need to file certain forms first, and wait for a response before filing others? I am wondering, in particular, if the I-130 form must be filed before others.

3. On Part 2 of the I-485 form, I assume that I check Item h ("Other Basis of Eligibility"), since I am applying as a spouse who has legally entered the country - is this correct? If so, does anyone have any experience with what language to use here?

4. Has anyone here been asked about entering the country fraudulently (ie, on a tourist visa with the intention of staying permanently) during the interview process, or at any other time? What was your experience?

5. In your opinion, do I need a lawyer, given my circumstances? If so, what costs should I expect to pay for these services (we are in Los Angeles, if this is significant)?

Thanks so much! Information on any of the questions above would be helpful to us.

[fchiriani]

Forms

I will give you some ideas according to what I did...

1. What forms do I need to submit during the AoS process? Specifically, do I need to file an I-130 in addition to the I-485 and I-765?
yes

2. Can I file all forms simultaneously or do I need to file certain forms first, and wait for a response before filing others? I am wondering, in particular, if the I-130 form must be filed before others.
alot of people think you can do it simultaneously and that way would be faster.
3. On Part 2 of the I-485 form, I assume that I check Item h ("Other Basis of Eligibility"), since I am applying as a spouse who has legally entered the country - is this correct? If so, does anyone have any experience with what language to use here?
You entered the states legally if you have your I-94, at some point they ask you what is your status and there you write "over stayed" but you enter legally.
And I think you use Other basis of Eligibility and there, Pending Petition I-130 Petition for Alien Relative Wife.

4. Has anyone here been asked about entering the country fraudulently (ie, on a tourist visa with the intention of staying permanently) during the interview process, or at any other time? What was your experience?
How long after you entered the US you got married? I did after 5 months, almost 6 and they didn't ask me anything, they approved my petition.
Because I you entered as tourist and got married right away they could question why didn't you apply for a Fiance Visa.

[cardamom]

fchiriani - thanks for the info/answers!