What forms do I need?

[checke]

A bit of background information:

• I’m currently in the US on a TN Visa that expires in April 2012. My I-94 also has the same expiration date.
• My wife is a USC. We have been married two and a half years and have a 15 month old boy. He is also in the US on a TD Visa, same dates as mine.
• We want US Citizenship for my son, but my wife does not meet the required 5 years living in the US. My wife’s mother (also a USC) does meet the 5 years.
• I want to become a permanent resident. Because of my work I must leave the US to visit other countries (then return to the US office for normal work).
• We don’t want to leave the US. All paperwork/interviews and other procedure would prefer to be done in the US.

I know I need the I130, I485 and the G325 form for myself. Do I also need the I131 and the I765 forms?

And for my son, can we file the n600k while living in the US? Or can we file the n600? Or is it better to file the I130 and I485 asking for permanent resident status for him along with my filing, then the n600 for citizenship after he gets permanent resident status?

Thanks for the help!

[hotelier73]

Best Advice!

Honestly, get yourself a competent lawyer. You don't want complicated questions answered by any online forum. Aos for yourself and getting USC for your child is most important to you so why waste time in here! Sorry, for my words!

[sur_pa]

Canadian in US

Hi

I believe, to become permanet resident of USA, you need to undergo same stages as others do.
If you are trying on your proffession/employment based, you must have i-140 approved.
If you are trying to be PRA based on your wife (who is citizen of USA) you must file I-130, I-1485, 365g. If you want to go out of US and come back while your adjustment of status is pending, yes you need a I-131.
Although you can apply all of these together, you must get I-130 approved first (establish relationship with US citizen / or green card holder). This applies your son who is under 18 years of age.

Again the time for adjustment of status or of I-130 depends on the country your were bron in and not the country you are citizen of. Great number of Canadian citizen were born out side cananda.

If your TN visa expires 2012, you can prolong your stay by obtaining a H1 visa (your employer if any, has to sponsor). That gives you a breethigng time and you can continue to pursue PRA

I hope this helps