Questions re I-485 concurrent filing. Can someone help us, please?

[annamaymartin]

Hi everyone,

We're so grateful to have found this resource! We're just getting started. I am a Canadian moving into to the US with my American husband and my dual citizen son.

We are filing concurrently (I-130 and I-485) and have some questions....

Part 2:
1
"Application type"... none of the options seem to apply to "concurrent filing". Do I select "H" (other basis of eligibility)? I had checked "A", but an immigrant petition has not yet been approved since we're filing concurrently.

Part 3:
2
We don't have a Form I94. Do we leave these areas blank?

3
I don't have a non-immigrant visa #. I entered U.S. as a visitor. Again....... leave it blank?

Feeling a little nervous as I cross the border in a few days and I want to have at least a "mostly complete" collection of properly filled out paperwork to show we're doing things in a legal, legitimate manner!

Thanks so much.

[rayb]

For Application Type, check "a," since you are including an I-130 with the same package.

Wherever I-94 info is requested, put "none" or leave blank.

For "nonimmigrant visa number," put "none" or leave blank.

Canadian entrants are a 'special case," in that you can just "walk over" and your status is based on "trust." But since you don't have Visa Waiver status or a B2 visa, try to get an entrance stamp in your passport as proof of legal entry.

I've done this type of conversion package for Canadians who just "walked over," like you and had no problems getting approval. But in the long term, proof of legal entry is best. I did one last year for a Canadian citizen who got a B2 visa, which provides her with good proof. But her daughter accompanied her as a "walk over," and there is no record of the daughter's entry. I think the "walk over" entrants are okay for a conversion procedure, as I did a couple like this a few years back. But policies can change anytime. If you were coming over from Mexico, there would have to be a record of your entry for your own protection with immigration procedures later on.

--Ray B

Hi everyone,

We're so grateful to have found this resource! We're just getting started. I am a Canadian moving into to the US with my American husband and my dual citizen son.

We are filing concurrently (I-130 and I-485) and have some questions....

Part 2:
1
"Application type"... none of the options seem to apply to "concurrent filing". Do I select "H" (other basis of eligibility)? I had checked "A", but an immigrant petition has not yet been approved since we're filing concurrently.

Part 3:
2
We don't have a Form I94. Do we leave these areas blank?

3
I don't have a non-immigrant visa #. I entered U.S. as a visitor. Again....... leave it blank?



Feeling a little nervous as I cross the border in a few days and I want to have at least a "mostly complete" collection of properly filled out paperwork to show we're doing things in a legal, legitimate manner!

Thanks so much.

[annamaymartin]

Thanks Ray!