urgent help pls aos with overstay issues

[rtraded 0]

Hello all,

My gf came to the u.s june, 2009 with a b1/b2 visa, her i94 expired following dec obviously 6 months

After her entry in to the u.s. we got married before her I 94 expired in a courthouse with my

Parents present. We got the marriage licence and I am obviously a usc. Her visa expired following april 2010. For many reasons

we couldn't file the paperwork sooner but now we are ready. Are we going to have any trouble since her I 94 and visa is expired while.filing for

Aos now. If someone can please answer our question and give us instructions we would be

very grateful.

Thank you

[Harpa Timsah 13,258]

Overstays are forgiven for spouses of US Citizens who entered with a valid visa (this is you). No need to worry about that.

Here is the guide to get you started. Good luck!

http://www.visajourney.com/content/i130guide2

[rtraded 0]

Overstays are forgiven for spouses of US Citizens who entered with a valid visa (this is you). No need to worry about that.

Here is the guide to get you started. Good luck!

http://www.visajourney.com/content/i130guide2

Thank you for your help.. so the overstay won't be an issue that's a relief...

[rtraded 0]

Overstays are forgiven for spouses of US Citizens who entered with a valid visa (this is you). No need to worry about that.

Here is the guide to get you started. Good luck!

http://www.visajourney.com/content/i130guide2

Under the I 485 instructions it says copy of valid I 94 but my wifes I 94 is expired.

Also I don't have my us passport I only have naturalization cerificate should get a

passport prior to filing since the instructions say copy of passport.

Overstays are forgiven for spouses of US Citizens who entered with a valid visa (this is you). No need to worry about that.

Here is the guide to get you started. Good luck!

http://www.visajourney.com/content/i130guide2

Under the I 485 instructions it says copy of valid I 94 but my wifes I 94 is expired.

Also I don't have my us passport I only have naturalization cerificate should get a

passport prior to filing since the instructions say copy of passport.

[Harpa Timsah 13,258]

Under the I 485 instructions it says copy of valid I 94 but my wifes I 94 is expired.

Also I don't have my us passport I only have naturalization cerificate should get a

passport prior to filing since the instructions say copy of passport.

Also do not forget to read the instructions from USCIS.gov itself. I found one instance this morning of these VJ instructions being slightly outdated (but it is a useful guide, swimming through uscis.gov can be difficult).

Your questions:

1. Submit a copy of the expired I-94.

2. You as the petitioner need to establish that you are a USC. A copy of your naturalization certificate is fine for that. US Passport not required.

I-130 instructions: http://www.uscis.gov/files/form/i-130instr.pdf

I-485 instructions: http://www.uscis.gov/files/form/i-485instr.pdf

Read them, digest them, make a plan, make a list of all the forms, slow and steady wins the race. Good luck!

[rtraded 0]

Does anyone see any complications in our situation or will we have a smooth pathway to green card for

my wife.... also a question about the paperwork specifically I 130 and 485 should I use the name on my

wife's passport or our licence because we did change her name on the marriage licence.

[JimVaPhuong 4,863]

Does anyone see any complications in our situation or will we have a smooth pathway to green card for

my wife.... also a question about the paperwork specifically I 130 and 485 should I use the name on my

wife's passport or our licence because we did change her name on the marriage licence.

Use her married name. The marriage certificate should show the name change.

The reason for submitting the expired I-94 is prove that the immigrant entered legally - not to prove that their stay hasn't expired.

Submit a copy of your certificate of naturalization.

[rtraded 0]

I am looking under the section that asks for proof of bonifide marriage and I don't have those items.

1.Documentation showing joint ownership or property: We live with my parents.

2.A lease showing joint tenancy of a common residence: We live with my parents.

3.Documentation showing co-mingling of financialresources: I tried adding her to my bank account but they require Valid california I.D which she obviously doesn't have. Her passport was the only I.D she has.

4.Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together: We don't have kids yet.

5.Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage): This I may be able to get, people at my work including my managers all know about our relationship since we met at my work. I work for the airlines by the way, she was a passenger. Would an affidavit from them prove anything since they know my wife and know about us being legitimately in love and married.

6.Any other relevant documentation to establish that thereis an ongoing marital union: I have a million pictures of us her in the states and abroad. I went to visit her in Taiwan, I still have my boarding stubs from the flight.

[Brother Hesekiel 2,236]

You can only provide what you have. Does that make sense?

Obviously, your marriage is still young, therefore you can't possibly have much proof.

If you live with your parents, go to an office store or download (for free) a simple form for a rental agreement/contract Fill it out, have your parents sign it and then you and your wife sign it. Problem solved.

This is my personal opinion, but it's a strong one: a nice photo album showing you and your wife at the wedding, and afterward at the reception with friends and family will provide more proof that necessary that your marriage is "real." People who engage in sham marriages usually just go to the court house to "get it over with" with barely anybody else around. You mention you have a million photos, so unless you have done that already, create a nice photo album of the wedding and following celebrations only and take it with you to the interview.

You are just starting your life together, so in the future you will have a car title which you can put in both your names, a joint bank account, car insurance, life insurance, health insurance, but you are overestimating the importance of documents when it comes to AOS.

Final wisdom: you will need a file labeled USCIS as you not only have to do AOS, but ROC and naturalization as well. It's a long journey, and you need to continuously keep that in mind.

[rtraded 0]

You can only provide what you have. Does that make sense?

Obviously, your marriage is still young, therefore you can't possibly have much proof.

If you live with your parents, go to an office store or download (for free) a simple form for a rental agreement/contract Fill it out, have your parents sign it and then you and your wife sign it. Problem solved.

This is my personal opinion, but it's a strong one: a nice photo album showing you and your wife at the wedding, and afterward at the reception with friends and family will provide more proof that necessary that your marriage is "real." People who engage in sham marriages usually just go to the court house to "get it over with" with barely anybody else around. You mention you have a million photos, so unless you have done that already, create a nice photo album of the wedding and following celebrations only and take it with you to the interview.

You are just starting your life together, so in the future you will have a car title which you can put in both your names, a joint bank account, car insurance, life insurance, health insurance, but you are overestimating the importance of documents when it comes to AOS.

Final wisdom: you will need a file labeled USCIS as you not only have to do AOS, but ROC and naturalization as well. It's a long journey, and you need to continuously keep that in mind.

thanks Bob for your help, we got married at a courthouse with only my mom and dad around. We can't really afford a reception so we are holding off on that till next year after I graduate and get a job.

[rtraded 0]

Can someone please explain what the i601 form is and does it apply to my case?

[Harpa Timsah 13,258]

Not applicable to your case.

Edit: Why have coworkers write affidavits... the most crucial would come from your parents. Do they know about your marriage? Have they met your wife? Etc. (Obviously for you, yes, you can also have them state in their affidavit that you live with them. I wouldn't write up a fake lease draft).

Good luck.

Edited October 28, 2010 by Harpa Timsah

[Brother Hesekiel 2,236]

Do you have any wedding photos?

The I-601 waivers is for overstay, if the applicant left the country and wants back in. It doesn't apply to you.

[rtraded 0]

I am obviously a student who only works part-time and my last 3 year avg annual income was $15171. So that falls below California's poverty line obviously. My dad will be our joint sponsor now here is my question under his 1040 his wages state

current year: $46,667

2nd most current year : $45,689

3rd most current year: $41,971

but then there is some sort of rental real estate, royalties line 17 which deducts my father's income and then the adjusted gross income amount states as follows:

current year: $22,068

2nd most current year: $24,753

3rd most current year: $25,247

My dad's household is 2 (my dad and my mom)

Now my question is which income do I list on my dad's joint sponsor form? It states list gross adjusted income on the form but that reduces my dad's income a lot, now will that be sufficient for my wife's support requirements?

I also listed my dad's house in the assets portion of i 864 form.

Enter the net cash value of real-estate holdings. (Net meanscurrent assessed value minus mortgage debt.): $130,000

Now will this be sufficient to meet the income requirements for my wife???

Edited November 19, 2010 by rtraded

[Brother Hesekiel 2,236]

Simplified, you are about $3K short for a family of 2. That's easily covered by your dad's adjusted income. The house is also an asset that could be used, but you don't even have to go that far.