Complicated Situation

[sykes 0]

I am trying to help my (Filipino native) aunt get her status changed and green card but am clueless as what forms I should have her fill out at this point. She came to the States in 2002 on a working visa, working as a nanny for a family in NY. Her visa expired in Aug 2005. However, she stopped working for the family in October 2004 and married an American citizen. Now why they haven't gotten her status changed is beyond me! But I agreed to help her in order to get it changed asap. At this point, which forms will she be required to fill out seeing as she's been married for 5 years now...just the AOS? Will she still need the medical exam forms and affidavit of support? Would it be wise to hire an attorney or would it be possible to do it on our own?

Any help is greatly appreciated!!!

[HeatDeath 430]

AOS from visa overstay needs: I-130, I-1485, I-765, I-864 affidavit of support, and she will need a full immigration medical from a civil surgeon.

The I-765 is optional. It will allow her to start working when the EAD shows up, and won't cost anything.

Don't do an I-131. She has too much out of status time and will get a 10 year bar if she leaves the US, whether she has AP documents or not.

Check the form instructions to see if they also need G-325a's, but they probably do.

There's a form to opt in to electronic case tracking as well.

Check the example forms under the guides section here, but this should be enough to get you started.

[milimelo 4,554]

Moving to AOS from student, tourist, work visa forum - nothing to do with US Citizenship.

[Okalian 41]

I agree with HeatDeath. She also will likely get a 10-year greencard rather than a conditional one since she's been married for more than 2 years prior to approval of AOS.

Edited January 15, 2011 by Okalian

[sykes 0]

Thanks for the help!!