Overstayed Visitor Visa Marriage - US ARMY

[TonyDanza 0]

Hey all.

You guys really have your s*#t together and seem the most knowledgable people around so despite all my hard research I am going to outright ask this question and see if anyone can help guide me. This is very immediate importance to me as the Army unit (MOS) I am trying for has an age limit I am fast approaching.

I am a Canadian who has been dating an USC (born) for almost 5 years.

I have come in on a tourist visa and have overstayed it now by about a year and a half.

We really really want to get married, and although I never came with that intent, I have to keep in mind that I am currently on an overstayed tourist visa.

I also want to enlist in the US Army and my recruiter said that everything is good, and can go ahead based on the first day that I have my conditional green card in my hand.

Now I am also able to leave the US for a few months if need be while UCSIS goes over my application, but I am testing for US Special Forces, (it has a whole seperate path which, once enrolled in the Army, citizenship will be expedited approx 5-6 months from my first day of Basic Training to have full naturalization) BUT I must be under 30 to do this. Most of this is irrelavant, but I just wanted you to know the plan.

So my question is this...what it THE FASTEST POSSIBLE WAY, to get my green card or work permit in my hand. I know you get the work permit before the interview, so I am just looking at the FASTEST way to get myself into the Army before I hit this age limit. It is a tough problem, but my soon to be wife and I have discussed this long and hard and we are both together in this decision. I would sooooo appreciate any help from you smart crew. Should I....

a) Get married in the US and file the i-130 while staying here

B) Get married in the US then go back to Canada while she files the i-130 and wait for approval to re-enter

c) Take her to Canada and try to do a Direct Consulate Filing

d) Any option I have not thought of. (Please note that the Fiance Visa's etc. will take far too long.

I thank you for any time you take to suggest ideas to me. You guys+gals all rule.

Edited September 7, 2008 by TonyDanza

[bluegreen 0]

Fastest route is get married now, file I-130+I-485, plus all accompanying apps (including EAD work permit and AP travel doc). You WILL get a travel permit if you apply for it but it is not advised you leave the country at ALL during your processing as you have overstayed. That seems to be the consensus around here anyways. You will also receive your EAD work authorization. I am not sure if that is sufficient to apply for the job you want—sounds like you need the greencard in hand for that. I filed my application in mid Feb and had my EAD work authorization by mid-March. I received my interview at the end of June and was approved on the spot.

My process was very quick—4.5 months to having greencard in hand. Some people are shorter, some longer. But it is definitely the shortest route.

[Jon&Lindsey 0]

I think Bluegreen is right, get married in the US and file I-130, I-485 plus EAD and AP ASAP. I am still waiting for my interview, but have EAD - you can see my timeline below. From comparing other people's timelines who filed about the same time as us, we should get the interview letter pretty soon. How long do you have before time will run out to join the Army?

[payxibka 10,045]

you would be best NOT TO LEAVE the USA until GC in hand.... It will only add to your problems and your length of time to conclusion

[TonyDanza 0]

I have to get in the Special Forces direct contract before I turn 30 which approaches in about 51/2 months but I dont want to turn this into some Army thing and get off topic.

Just looking at this process for now. Have those who have advised, also been on overstayed tourist visa's when they got married? If so by how much. I am well over any grace period I'm sure. Probably about a year past my visitor visa.

So you all say get married here and file here huh?

Any good recommendations for a cheap and good immigration laywer in the MA area? I know 'cheap' and 'good' dont go together!! haha

Edited September 9, 2008 by TonyDanza

[bluegreen 0]

I have to get in the Special Forces direct contract before I turn 30 which approaches in about 51/2 months but I dont want to turn this into some Army thing and get off topic.

Just looking at this process for now. Have those who have advised, also been on overstayed tourist visa's when they got married? If so by how much. I am well over any grace period I'm sure. Probably about a year past my visitor visa.

So you all say get married here and file here huh?

Any good recommendations for a cheap and good immigration laywer in the MA area? I know 'cheap' and 'good' dont go together!! haha

Just based on the experiences of others around here, you really don't need a lawyer and the process is often slowed, as the lawyer passes the paperework to an intern, intern phones, leaves you a message asking for certain documents, you misunderstand, call intern back, get clarity, fax it over, intern calls back looking for something else....then paperwork comes back, sits on desk for a while, finally someone calls you, you provide more required info....you see?? It is SO straightforward. Just filling out forms, and the guide on here is amazing. Totally your call, of course. Your overstay is not that severe IMO, it really is not a complication to your case...

[Jon&Lindsey 0]

We didn't use a lawyer either, so far everything is fine, no RFEs! I overstayed from a visitor visa (VWP) - we were married just before it ran out, but didn't have the money to file for about 5 months. Like bluegreen said, the overstay should only become an issue if you leave the US before your greencard comes, otherwise you should be forgiven if you are married to a USC, and it's really not that hard to do the forms yourself - the information they want is mostly pretty basic and you can always ask questions here if you get stuck

[TonyDanza 0]

Hey Thanks guys. Super great info!

Last few questions...

So did you all file you AOS at the exact same time as i-130? Or does one come before another? Even biometrics?

The UCSIS site said that...

Spouse, parent, unmarried son/daughter under age 21 of a U.S. Citizen with an approved or concurrently filed Form I-130;

So does this mean I could mail them both the same day right after marriage only to their seperate locations i.e Chicago for AOS and wherever for i-130?

I am going to go ahead with this from the US thanks to you guys. I am about 2 years I now realized over my visitor visa (sorry just did the math) so it is pretty dramatic, but I hope they still let it go. Thoughts on such a long overstay? Has anyone here overstayed themselves so dramatically? Thanks.

PS. Last question....I am just guestimating my date of entry on my i-130. I have no stamp or record. I as previously stated, came in on a train where the BCP came onto the train and walked down the isles to inspect just asking questions. So I am not sure my EXACT entry date. Is this an issue?

Tnx guys!

Edited September 9, 2008 by TonyDanza

[bluegreen 0]

Hey Thanks guys. Super great info!

Last few questions...

So did you all file you AOS at the exact same time as i-130? Or does one come before another? Even biometrics?

The UCSIS site said that...

Spouse, parent, unmarried son/daughter under age 21 of a U.S. Citizen with an approved or concurrently filed Form I-130;

So does this mean I could mail them both the same day right after marriage only to their seperate locations i.e Chicago for AOS and wherever for i-130?

I am going to go ahead with this from the US thanks to you guys. I am about 2 years I now realized over my visitor visa (sorry just did the math) so it is pretty dramatic, but I hope they still let it go. Thoughts on such a long overstay? Has anyone here overstayed themselves so dramatically? Thanks.

PS. Last question....I am just guestimating my date of entry on my i-130. I have no stamp or record. I as previously stated, came in on a train where the BCP came onto the train and walked down the isles to inspect just asking questions. So I am not sure my EXACT entry date. Is this an issue?

Tnx guys!

Yes, you file both petitions concurrently, and mail them to the SAME Chicago location. Here is the guide to follow: Guide

If you follow this guide to the letter you will be fine.

A lot of it seems redundant and the same thing over and over again, but treat the two application packages separately, but package them together and mail to the same place. Your Biometrics appointment is tied to the I-485 (the EAD is part of this package), and it will come about a month after you file.

I've said it before but I don't personally have experience with this (hopefully someone who has had experience will come along), 2 years is not a dramatic overstay. It's really not.

[bluegreen 0]

PS. Last question....I am just guestimating my date of entry on my i-130. I have no stamp or record. I as previously stated, came in on a train where the BCP came onto the train and walked down the isles to inspect just asking questions. So I am not sure my EXACT entry date. Is this an issue?

Tnx guys!

Oh! I forgot this part. I don't think this is an issue. Try and guess as accurately as possible.

[keweul 1]

Hey Thanks guys. Super great info!

Last few questions...

So did you all file you AOS at the exact same time as i-130? Or does one come before another? Even biometrics?

The UCSIS site said that...

Spouse, parent, unmarried son/daughter under age 21 of a U.S. Citizen with an approved or concurrently filed Form I-130;

So does this mean I could mail them both the same day right after marriage only to their seperate locations i.e Chicago for AOS and wherever for i-130?

I am going to go ahead with this from the US thanks to you guys. I am about 2 years I now realized over my visitor visa (sorry just did the math) so it is pretty dramatic, but I hope they still let it go. Thoughts on such a long overstay? Has anyone here overstayed themselves so dramatically? Thanks.

PS. Last question....I am just guestimating my date of entry on my i-130. I have no stamp or record. I as previously stated, came in on a train where the BCP came onto the train and walked down the isles to inspect just asking questions. So I am not sure my EXACT entry date. Is this an issue?

Tnx guys!

I overstayed more than that and i'm currently in process getting greencard...I filed I-130 in march then the other stuff later (only because I didn't discover this site before and didn't realize that I could've/should've done it all at once...) but sent AOS package in July...(see my timeline...)but I've known ppl that overstayed by more than 10 yrs and filed for their greencard and received it within 4-5 months, you'll be fine...just get married and file ASAP

[Beantownbabe 1]

Tony,

If you are in the US it's important to file both together, just like a previous poster mentioned. So put them all in the same envelope and they all go the the same Chicago address. Good luck!