wifey to file

[tsokonut 0]

I am a USC married to a non immigrant Asian we've been married for almost 2 years now but I didn't have the chance to petition her yet but we tried. (Through a lawyer but they're shut down now - can't refund even a penny). Currently, I don't hold a job due to medical reason. She overstayed already, family and friends tried helping financially for now. For a fact I need a affidavit of support for her or a co-sponsor. I don't want to go through a lawyer anymore because its too much money and for my own I really don't know where to start. Also, is there a possibility that she's going to be deported for overstaying even if we're married - I'm worried about that. Time flies by so quickly and I don't know what to do. PLEASE advice me where to start. THANKS

[Penguin_ie 5,993]

You can probably do this by yourself, but it depends on a few factors:

- How did she enter the USA, ie what kind of visa?

- How long is her overstay/ when did her visa run out?

- When did you meet/ did she intend to stay when she came to the USA or did you guys decide to get married later on the spur of the moment?

The most important thing is for her not to leave the US until you have filed and received AOS (Adjustment of Status), IF you are elligible to file, so it';s good that you are here on VJ and hopefully get this sorted soon. Until you file she can technically be deported, but this is unlikely to happen unless she does something to come to the attention of ICE (crime, getting stopped at a road block near the border etc).

[Kathryn41 3,205]

duplicate post removed. Moving from 'Bringing Family Members of Permanent Residents to America" to 'AOS from visitor, student and work visa" forum as more appropriate for the topic.

[tsokonut 0]

You can probably do this by yourself, but it depends on a few factors:

- How did she enter the USA, ie what kind of visa?

- How long is her overstay/ when did her visa run out?

- When did you meet/ did she intend to stay when she came to the USA or did you guys decide to get married later on the spur of the moment?

The most important thing is for her not to leave the US until you have filed and received AOS (Adjustment of Status), IF you are elligible to file, so it';s good that you are here on VJ and hopefully get this sorted soon. Until you file she can technically be deported, but this is unlikely to happen unless she does something to come to the attention of ICE (crime, getting stopped at a road block near the border etc).

hi again,

she came here with a b1/b2 visa supposedly to be petition by a employer but things went down when the result for the employers petition says they can't afford her. Since we've been dating for few months i asked her to marry me. I married her after 10 months of having her I-94 due. Her visa will expire this year on november. so we've been married for 18 months now. I just don't know how I'm gonna protect her when it comes to worse. Thank you so much I hope you can give me more insight about this. Possibilities...

[Kathryn41 3,205]

Under the circumstances as you describe them, you should be able to file for the Adjustment of Status without her leaving the US. Her intent when she entered the US was not to get married so, if you are willing to do a lot of reading and are good with details you shouldn't need a lawyer to do this. The important thing is that she doesn't leave the US until she gets her green card. When the AOS is approved any out of status time (overstay) and illegal work is forgiven.

You would start the process by you filling out the I-130 petition for a family member. She would then complete the I-485 Application to Adjust Status. She should also complete the I-765 "Employment Authorization". If she has an overstay then it is not likely that she can use the I-131 "travel document" as if she leaves the US she may incur a ban upon returning, depending on how long she has overstayed.

You will also need to submit an Affidavit of Support, (form I-864) and since you indicate you are not working right now, you will need to arrange for a co-sponsor. A co--sponsor is someone who is willing to join with you in ensuring your wife does not become a financial charge on the Government, and agrees to pay the government back if she does. Your wife will need to provide Police checks to prove she has no criminal background as well as do an immigration medical from an approved physician.

Treat each application as an individual application which means that you provide all of the supporting documents for each one because the applications are processed in different places. You do mail them all together in the same envelope, however, and you need to provide the fee for the I-130 and the fee for the I-485. There is no fee for the I-765 if it is submitted with the I-485.

You will find the Guides listed at the top of this page and this forum of good use. I would also suggest that you go to the USCIS website at http://www.uscis.gov and download/print out copies of all of the forms listed as well as the instructions. Then, made lists of what each form requires and you can use that as a checklist to check off when you have what you need.

Good luck to you. I know it seems overwhelming, but many here have been in your position and have done this successfully. You can always ask questions here as well.

Edited February 18, 2010 by Kathryn41

[tsokonut 0]

Thanks for giving info's about my situation, it made me feel better knowing we could do something about it.

Another question please : Once I petition my wife, i heard that she's going to have a 2 year conditional visa. Is that correct? What if we're already married for almost 2 years now, would that still apply? we've been married for 18 months now and planning to settle everything (File) by the coming month - March. And also, they say just wait till the 2nd year anniversary so no more conditional visa.

Can anyone clarify this please. thank you.

This site is very helpful

[shellyalex 0]

Once you have been married for exactly 2 years and more you will receive a 10 year green card.

[justashooter 430]

Thanks for giving info's about my situation, it made me feel better knowing we could do something about it.

Another question please : Once I petition my wife, i heard that she's going to have a 2 year conditional visa. Is that correct? What if we're already married for almost 2 years now, would that still apply? we've been married for 18 months now and planning to settle everything (File) by the coming month - March. And also, they say just wait till the 2nd year anniversary so no more conditional visa.

Can anyone clarify this please. thank you.

This site is very helpful

waiting beyond the expiration of her B2 to apply could involve some small risk of deportation, but would save you in filing costs, as you could avoid the double fees. her overstay would almost surely be forgiven if applying after expiration of B2 (can't think of a case where it wasn't). if she was picked up for some reason and placed in deportation your marriage would be seen in a good light, and allow her to avoid dep by filing as married. it's in cases of marriage after dep order that marriage is not enough.

[Kathryn41 3,205]

The AOS takes some time to process. It can take anywhere from a few months to 2 years, so you stand a fairly good chance if you are filing for it now that it won't be approved until after your 2nd marriage anniversary. If that is the case, then you will receive a 10 year card. If it is approved before your second anniversary, then unfortunately you will have to file for I-751 in 2 years less 90 days after the green card is approved. My AOS was approved 3 weeks before our 2nd Anniversary so I ended up having to do the I-751 as well. You would certainly better your odds of getting it approved after your 2nd anniversary if you wait, but you do run the risk of being 'discovered' while out of status. It probably isn't a big risk, but it is a risk.

The other thing to consider is that the sooner she does file the AOS, the sooner she gets her green card with the work and travel protection that it offers.

Edited February 20, 2010 by Kathryn41

[tsokonut 0]

hello again., so to my concerns before that she had a run away lawyer they contacted us again after 2 years asking us to update our paperwork with them. So i think thats one good thing not needing more money to pay for another lawyer plus the cost of the filing. Anyway I am still looking for a job - the paralegal who reconnected with us said i need an affidavit/ letter of the reason that I am not working right now (Diagnosed with IDDM still uncontrollable reached 900 BS when diagnosed but doing much better now) does it need to come from my doctor? or I can just reason out on the letter and then have it notarized or do I simply write them a letter? One more I also asked the paralegal about my wife work history... supposedly she's bound to be petition with an employer through this lawyer we got married blah blah blah.. and so on. then my wife found out that her employer can't petition anyone due to declaration of bankruptcy few yrs back so she left them and move on SO the LAwyer change the petition to through marriage. SHe doesn't have any numbers... ITIN or SSN the employers had her hanging. Right now she volunteers in exchange for a place to stay for us. We're pursuing the petition to be filed ASAP. To my situation can anyone enlighten me PLEASE.... Chances are!????

THANK YOU

[Penguin_ie 5,993]

I don't understand why you'd need to write a letter about your medical condition... are you applying for a fee waiver? Even if you get a fee waiver, you will need someone (if not yourself) who can sponsor her financially.

Be careful about the "volunteering in exchange for a place to stay", it could be considered working.

[tsokonut 0]

NO fee waiver... Someone is co-sponsoring us already. Yeah, that's the first time I heard that too. About the "volunteering" I know its considered working but to what I read from other answers in this forum is be honest. so probably i'll just have it declare it whatever it may sound. What ya think?