At a loss with what to do! (I-129F & I-130)

[boudica88]

What is the name of your state?What is the name of your state? Idaho

I am really at a loss with what I need to do. My husband and I were married here in Idaho (he's american I am canadian), back in March '05, and we have a 16 month old son. I was told to apply for the I-130 and the I-129F form (I-129F to allow me in the country quicker?). Well a month ago the I-129F was approved and I should be getting my appointment next month. Meanwhile my I-130 was approved last week. So my first question would be do I still go through the I-129F process even though I am now going through the I-130? If so does it mean that I will have to do 2 medicals, 2 police checks, 2 visits to the west coast? Are both meetings going to be in Canada? Also when can I move and live with my husband in the US? Another concern is for my son. He didn't have his US paperwork until about 2 months ago, he now has a US and a Canadian passport. SO does he have to go through any of the immigration that I have to go through? Yikes!

Sincerely
lost and confused
Jodi

 

[ImmigAttyLana]

This is very confusing? Who has been advising you on the procedure? If you are already in the US and residing in the US and married to a US citizen, there was absolutely no need for you to do the I-129F. In fact, the I-130 should have been filed together with the application to adjust status and all the other forms for employment authorization, etc. If your son was born in the US, then he is a US citizen and does not need to go through any immigration processes.

At this point, if you are still in the US, then you need to file for the adjustment of status and forget about the I-129f. That was a waste of time and money on your part, unfortunately.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

 

[boudica88]

SOme clarification...

I am just visiting my husband in the US (been here since November 18th), although I am ready to move here at the drop of a hat! My son was born in Canada, but now has citizenship in both countries. I was told that when my husband and I married that I wasn't allowed to live or stay in the US and that I had to return to Canada and do the paperwork from there (from Canadian immigration when I called).

So... can I just stay here and file for the I-485? and that's it? What about the I-130 to get me into the country? I am sooooooo lost.

Sincerely
Jodi

 

[yandresyuk]

SOme clarification...

You have to file I-485 together with I-130, they go together. Yes, since you are in the states you just adjust from here, this is what I-485 is for

 

[boudica88]

I will start to file the I-485, do I have to do anything else to change my status as a visitor to staying here? Do I have to go back to canada and the come back here? Do I need to send a change of address form to INS?

Sincerely
Jodi

 

[evcalyptos]

I will start to file the I-485, do I have to do anything else to change my status as a visitor to staying here? Do I have to go back to canada and the come back here? Do I need to send a change of address form to INS?

Sincerely
Jodi

Jodi, I don't want to confuse you further, but I think that getting advice in this manner is not good for you. I filed my case myself, but I spent a lot of time understanding it first. You are in the US right now, which puts you in a very unique situation. I can't tell you that you can def. adjust status right now, but I'll be you can. The thing is, you have to be prepared to NOT return to Canada for awhile. If you can live with that, then the trade off is that you will not be back to the US for awhile.

There are lots of immigration lawyers who can go over your case details and family situation and help you make the right choice. Be very careful of getting 'part of the story' online and making an error that keeps you out of the US for a long time.
Wish you all the best!