A Question

[dragonlady]

Both options are given in my post. His wife has apparently filed the 1-130 which means he has not overstayed. She could have filed the 1-130 and the 1-485 at the same time. Citizens can do this.

You are probably right aneri -

I agree we don't have enough information; what was filed and when.

Filing only I-130 on someones behalf doesn't protect that person from accumulating overstay!

[marmaduk]

The only problem should he choose to file the AOS from inside the US is proving that he enter legally. I know, I know, Canadian doesn't need I-94 to enter USA, but USCIS seemed to care for that piece of document beyond anything else. I don't see any negative from filing a I-102.

In the event his legal entrance can be proven/conveyed to USCIS, then the length of overstay will not be an issue.

[SunDevilUSA1]

New2US,


As far as I am concern no more immigrant should be admitted to this country, legal or otherwise. I have gotten my green card after being here unlawfully for 12 years now I am free. I wish the USA stop admitting immigrants and cancel 245(i).

[New2US]

Hope this helps. You will be okay - there is lots of fear mongering here. You can be in the US - one of the joys of being Canadian!!

I am sorry that there has to be that type of reaction. I know it is a public forum and people speak their views, but I was hoping for some helpful advice to resolve my situation.

I thank you and the others who responded constructively for their help.

God Bless you

[dragonlady]

Go to the USCIS website and dowmload the I-485 packet. Follow the instructions and file it. Once it is filed, you can apply for your Employment authorization under section C9. And then you wait -