overstaying questions

[2annie 2]

Thanks so much everyone. . . you already feel like good friends. . .I'll definitely stay in touch

[2annie 2]

We were married July 10 on the banks of the Mississippi River. the day couldn't have been more perfect weather-wise and a huge flock of Canadian Gueess landed right next to us trumpeting and hooking like they all approved of my Canadian Landing!! The wedding was attended by dignitaries to paupers. Our State Rep was there with his wife and all other board of directors and even the halt and the lame.

We took no honeymoon. . .we are caregivers for his mom, he is an only. . . and I have been working to collect and gather all paper to file to stay. So far I have the body of the cover letter here as follows so I am hoping that some good folks will look it over

Contents of packet includes:

• Application Fee. $355.00

•Form I-130, Petition for Alien Relative

•Documents establishing petitioner’s US citizenship

•Certified copy of birth certificate, social security card

•Form G-325A, Biographic Information with photo of the petitioner

•Certified copy of divorce decree of petitioner's previous marriages

•Photo copy of birth certificate, Canadian Passport,

•Form G-325A, Biographc Information with photo of beneficiary

•Certified copy of divorce decree of beneficiary's previous marriages

•Evidence of the bona fide marital relationship

•Copy of marriage certificate

•Copies of three affidavits

•Proofs of ongoing relationship ie; MediaCom invoices, a jointly named blank voided cheque.

•Photographs of wedding

I was thinking that I needed to send in the I-485 right away but then I read somewhere to wait for the approval for the I-130 to be processed.

Then I read somewhere else that if I plan on the I-485 that a I-601 wavier for inadmissible grounds is a waste of time. is this true?

what other documents do I send with the I-103 application? Should I send the I-130 right away? I know ASAP but I really want all the ducks in a row. .

I have a DR appointment tomorrow as my Hubby got me on his state ins, so I will hopefully get my medical records sent. OR. . .is it faster and cheaper to have the tests and go that way> ( my records are not likely to contain all the vaccinations over 57 yrs)

[Harpa Timsah 13,258]

You SHOULD DEFINITELY file CONCURRENTLY... which means that you send in the I-130 and supporting paperwork along with the I-485 and supporting paperwork. Do not wait for the I-130 to be approved. Waiting a few days for medical is better than waiting a few months for the I-130 to be approved. Make sure you send them in the same package too.

Your I-130 packet looks good.

Congrats on the wedding!! Sounds amazing!

[ValerieA 350]

Congratulations! As Harpa Timsah said, file both packages at the same time - in the same shipping envelope, too, so they aren't separated in the mail.

[2annie 2]

I think I have it all together. . .finally. .

Contents of I-130 packet includes:

• Application Fee. $355.00

•Form I-130, Petition for Alien Relative

•Documents establishing petitioner’s US citizenship

•Certified copy of birth certificate, social security card

•Form G-325A, Biographic Information with photo of the petitioner

•Certified copy of divorce decree of petitioner's previous marriages

•Photo copy of birth certificate, Canadian Passport,

•Form G-325A, Biographc Information with photo of beneficiary

•Certified copy of divorce decree of beneficiary's previous marriages

•Evidence of the bona fide marital relationship

•Copy of marriage certificate

•Copies of three individuals affidavits

•Photographs of wedding

•Proofs of ongoing relationship ie; MediaCom invoices,

a jointly named blank voided cheque.

Adding XXXXXXXXXX to my health insurance from work

- G-1145 – Form for E-notification of Application/Petition Acceptance not sure if I will include this

- Payment in the amount of $1,010.00 payable to U.S. Department of Homeland Security

- I-485 - Application to Register Permanent Residence or Adjust Status, signed & dated #####

- Copy of birth certificate

- 2 passport photos

- I-693 – medical results

G-325A - Biographic Information, including residence and employment attachment for XXXXXXXXXXX

G-325A - Biographic Information, including residence and employment attachment for XXXXXXXXX

- I-864 - Affidavit of Support Under Section 213A of the Act.

o Copy IRS Tax Transcript for 2009 tax year

o Copy IRS Tax Transcript for 2008 tax year

o Copy IRS Tax Transcript for 2007 tax year

o Copy of payslips from the 2010 tax year.

- Copy of Marriage certificate,

Photocopy of passport biographical details page

I – 601, Application for Wavier of Grounds of Inadmissibility

letter from XXXXXXXX (wife) for consideration of Waiver process level 1 reason

letter from XXXXXXXX (husband) for consideration of Waiver process level 1 reason

letter from Patients Dr W confirming medical condition.

Letter from Genisis home health department confirming level of care needed by Patient

I-765 employment authorization

Not sure if it would be wise to send in the traveling authorization, . . .

Also just to clarify my initial question. . .I am in overstay as a visitor from Canada, My car broke down and the expenses kept mounting until I had no reserve. . then stuff happened and I was trying to help out by volunteering to help someone 9Now my MIL!)while I was here-USA - and then love happened and now I want to stay. . I erroneously stated that I had come un-inspected. . which I did not know the significance of and have since realized that I came correctly through a border patrol, however I have a passport that has no marks of any kind and I crossed many times and all I was asked for was a drivers ID which I passed over with my passport and I was asked the purpose of the arrival which I told them I was visiting friends. . .all of which is truth.

I have come back many many times and found useful information by tracking topics and people. . thank you so much for sharing and all the encouragement and help.

I think I have all the info I need and am ready to mail them. . if anyone has suggestions I am open to all

[juliava 80]

You should pm user Kittyfang. She is also Canadian, she is going to file for AOS very soon and she had similar concerns by not having any proof of inpsection at the POE. You are not the only one!

Good luck!

[Kittyfang 6]

You should pm user Kittyfang. She is also Canadian, she is going to file for AOS very soon and she had similar concerns by not having any proof of inpsection at the POE. You are not the only one!

Good luck!

As juliava stated, I haven't filed yet, but I am very close to doing so. So, my answer reflects what I've read only. As Canadians, we are often waved trough and receive no write proof of border crossing (no I-94). Most IOs seem to know this and will not make an issue of it. The worse case that I've read about was someone here on VJ, who recently went to her interview and was told that, while everything looked ok, the IO needed to check with her boss about having no I-94. I'm not sure what happened, but it would be a fair guess to say that everything probably worked out.

[2annie 2]

thanks Juliava, and kittyfang. I was thoroughly convinced that I was needing to say I was here un-inspected NOT REALIZING the message that gives. . therefore I made sure to say I was here legally, but in overstay. . . at some point once I know if it was accepted I would be glad to post my letters so others can learn from it. . . I have learned so much by reading other's accounts so I think sharing is caring.

[VanessaTony 3,567]

I don't know enough about the process (I-130 overstay filers), but I'm wondering, do you REALLY need to file the I-601 waiver? You didn't leave or anything to trigger a ban did you? I thought it was only when you had a ban or something you needed to file a waiver, I also thought that as the spouse of a USC your overstay is "forgiven", I wasn't aware you had to file the waiver, can someone confirm for me?

Edited October 29, 2010 by Vanessa&Tony

[juliava 80]

I don't know enough about the process (I-130 overstay filers), but I'm wondering, do you REALLY need to file the I-601 waiver? You didn't leave or anything to trigger a ban did you? I thought it was only when you had a ban or something you needed to file a waiver, I also thought that as the spouse of a USC your overstay is "forgiven", I wasn't aware you had to file the waiver, can someone confirm for me?

I am 100% sure that she doesn't need a waiver. She is in US, her entry was someway approved at POE. I assume when you (officially) trigger a ban and you show up at US POE you will NOT be let in.

[VanessaTony 3,567]

I am 100% sure that she doesn't need a waiver. She is in US, her entry was someway approved at POE. I assume when you (officially) trigger a ban and you show up at US POE you will NOT be let in.

That's what I thought, thank for confirming. It's in her list so I was curious.

I – 601, Application for Wavier of Grounds of Inadmissibility

letter from XXXXXXXX (wife) for consideration of Waiver process level 1 reason

letter from XXXXXXXX (husband) for consideration of Waiver process level 1 reason

letter from Patients Dr W confirming medical condition.

Letter from Genisis home health department confirming level of care needed by Patient

As I just asked someone, the I-601 isn't needed for you unless you're currently out of the US and were denied entry and/or have a ban

[Deputy Purple 1,294]

but I'm wondering, do you REALLY need to file the I-601 waiver?

There is no need for a waiver, she entered the US legally the last time and therefore isn't inadmissible. The re-entry ban is trigger when you leave after going into overstay (unlawful presence) and is filed at the foreign US Embassy.

[Starburst 4]

One thing I did, as I had no stamp or I-94 is write up a letter like the following

To Whom it may concern,

I STATE NAME, hereby swear that I legally entered the United States of America at PORT NAME on DATE.

I was inspected by an officer and admitted.

signed,

name

signed name

I sent that, along copies of my passport with m I-485, I-130 and work permit. The IO never brought it up at the interview.

Good Luck!

/starburst

Edited October 30, 2010 by Starburst

[2annie 2]

Here is what I am up against as I understand it

I will be determined to be in overstay the moment we turn in the i-130. correct? or no?

and we have lived as married already for 3 years, and only been married since July of this year, and I think there is a 2 year minimum?

today I got the medical in the mail, so I will be able to include that.

Would it be prudent to hold back the 601 until it is asked for then?

[juliava 80]

Here is what I am up against as I understand it

I will be determined to be in overstay the moment we turn in the i-130. correct? or no?

and we have lived as married already for 3 years, and only been married since July of this year, and I think there is a 2 year minimum?

today I got the medical in the mail, so I will be able to include that.

Would it be prudent to hold back the 601 until it is asked for then?

Overstaying is irrelevant in adjudicating your AOS case. Trust us, they will never ask you for that 601 waiver. You can trash it.