Canadian to American details

[canadiangurl]

I am a Canadian girl who had been with my American boy friend for a year. We were going back and forth, between California and Toronto on visits. I came on a visit here and we decided to get married.

-- So from my understanding I have to file the following documents. Is there something that I am missing ???
-- Also can all of these forms can be submitted in person at the same time ? [ at the USCIS office using INFOPASS appointment ? ]
-- What are the implications that I came here to visit and stayed back ?

form I-130. [fee $355.00]
along with G-325A ( one set for each person has to be submitted )


form I-485, Adjustment of Status. [Fee $1010.00]
along with the listed forms:

form I-765, Application for Employment Authorization [Fee $340.00]
form I-864, Affidavit of Support
form I-693. Medical

Would I need to apply for a travel document ( form I-131) ? If so, why ?

Any forms that I missed out on, and any more information that I should know about ?

[PraetorianXI]

Answers in bold.

I am a Canadian girl who had been with my American boy friend for a year. We were going back and forth, between California and Toronto on visits. I came on a visit here and we decided to get married.

-- So from my understanding I have to file the following documents. Is there something that I am missing ??? No.
-- Also can all of these forms can be submitted in person at the same time ? [ at the USCIS office using INFOPASS appointment ? ] No, you can not submit them in person, you must mail them to the address in the I-485 known as "Chicago Lockbox".
-- What are the implications that I came here to visit and stayed back ? You could be accused of misrepresentation and fraud if you had the intention to get married and stay when you entered with that visitor visa. If the decision to get married and stay was spontaneous and enough time happened since you entered until you got married, then you should be fine.

form I-130. [fee $355.00]
along with G-325A ( one set for each person has to be submitted )


form I-485, Adjustment of Status. [Fee $1010.00]
along with the listed forms:

form I-765, Application for Employment Authorization [Fee $340.00] No fee required, it is included in the $1,010 for the I-485.
form I-864, Affidavit of Support
form I-693. Medical

Would I need to apply for a travel document ( form I-131) ? If so, why ? The fee for this is also included in the I-485, but the reason you would need one is in the event you need to return to Canada or leave the USA before you obtain your Green Card. If you leave without an approved Advance Parole (i-131) your application will be denied (considered abandoned). So you should not leave without one. If you do not plan on leaving (until you get your GC), you do not need one.

Any forms that I missed out on, and any more information that I should know about ?

You got everything pretty figured out, read here for more information: https://www.immihelp.com/i-485-adjustment-of-status/

[canadiangurl]

Thanks for the reply PraetorianXI…I failed to mention in my initial post that I will need to return to tie up some loose ends in Canada, but from the information that you provided, it seems like it would be best for me to wait to receive the “parole” documents you referenced.

Just so I’m clear, as a Canadian I can be here legally for 6 months, I have already been here since November, the turn-around time for the I-131 shouldn’t be longer than 90 days. So technically, this should give me enough time to go back to Canada while my paperwork is being processed, right?


Also another question that I had was on the Part 2 of the form I-485 under the heading “Application Type”…as a Canadian who entered the country as a visitor, which required no visa to begin with, what box should I select? None of the choices from a-h seem to apply to me. So what do I do?

Thanks again for all your help!

[PraetorianXI]

Once your submit the I-485/I-130/I-131/I-765 package (to the chicago lockbox) you should have your approved Advance Parole document in 90-120 days (maybe less, some people get it in 1 month!).

But whatever you do, DO NOT leave the USA without the approved AP document.

For form i-485 part 2, the answers is (A) because you filing I-130 and being Immediate Relative of an US Citizen a visa number is immediately available for you. It is called Filing Concurrently.

Once you send that application package, your status in the USA is "pending AOS" and you are allowed to stay until a decision is made in your case, so forget about those 6 months.

[canadiangurl]

Canadian to American ... now tax filing related question.

We are still in the process of collecting documents for filing. We across the Affidavit of support and decided to include the income tax return of 2007 as well, as my husband had a significant advancement in his career and it would make a difference on the Affidavit.

We went to our accountant and we were asked if wanted to file joint or single. We were not clear about it as I do not have a SSN. Clearly we would like to file joint, as it would be another supporting document for the I-130, but were not clear whether we could file joint or not. My understanding was that I would my taxes in Canada.

I called up IRS and was told that I would have to fill out W7 (to receive an ITIN), attach it along with the tax return, and that I would have to report all my universal earnings ( ie Canadian earnings for the year ). Hence, I would be filing my taxes both in Canada and USA.

So I would like to confirm that :

1. We can file joint.

2. I can apply for the ITIN ( on the W7 application it states that :●Do not submit this form if you have, or are eligible to obtain, a U.S. social security number (SSN).)

2. We can include my husbands' 2007 income for the affidavit of support .