7 yrs married and haven't filed AOS...help!!

[keyvance 0]

I came to Texas in January of 2004 for a holiday to visit family. I met and got engaged to a US citizen within 3 days, I know crazy but we just knew. I never went back to Canada b/c I had the six months to stay before figuring out do we stay here or go back home. We married in June of that same year and i've been here ever since and we now have a 3 year old son. We never filed b/c of financial issues and at first we never filed b/c upon calling the immigration office they said 'it's not too important you file unless you want to travel or work right away" which i didn't want to do either. So now we are in a position to get this going and file. Everyone is saying we NEED to hire an attorney b/c of our situation, the fact that i didn't need a passport to cross into the US at that time and b/c we waited so long to file. Is this true? There has to be other people out there who didn't file immediately right? I would appreciate any and all information. good or bad. thanks!

[Harsh_77 718]

You should had filed immiediately..... you had 6 months that you were on legal status, what is your status for last 6.5 yrs?

You dropped out of the status in 2004, you should had filed for the AOS immediately.

[keyvance 0]

Of course I know what we SHOULD of done, but I am now asking if anyone is in this same situation or knows if I need to hire a lawyer to help OR if I can do it on my own.

I guess I'm out of status since I came here as a visitor from Canada where we don't need a visa to cross the border. I thought I was clear about that.

[LIFE'SJOURNEY 970]

You will need to file an i-130 along with the AOS documents. Yu can attempt to file on your own as long as you have no red flags, with the exception of the out of status. Try doing a free consultation with an immigration lawyer to give your mind some ease.

Good luck.

BTW, there are many cases here on VJ that was in the same situation as you, just do an advance search. upper right hand corner^^

Edited May 10, 2011 by LIFE'SJOURNEY

[katiemanny 64]

Of course I know what we SHOULD of done, but I am now asking if anyone is in this same situation or knows if I need to hire a lawyer to help OR if I can do it on my own.

I guess I'm out of status since I came here as a visitor from Canada where we don't need a visa to cross the border. I thought I was clear about that.

You will need to file AOS I-485, I-130, EAD, AP immediately and do not leave the country until your Green Card is in hand, because if you leave you will be banned for 10 years from entering the US because of overstaying, I would definitely consult with an immigration attorney if I was in your shoes. Also since you are now married to a USC, your illegal presence will be irrelevant at AOS interview.

Edited May 10, 2011 by katiemanny

[VanessaTony 3,567]

I came to Texas in January of 2004 for a holiday to visit family. I met and got engaged to a US citizen within 3 days, I know crazy but we just knew. I never went back to Canada b/c I had the six months to stay before figuring out do we stay here or go back home. We married in June of that same year and i've been here ever since and we now have a 3 year old son. We never filed b/c of financial issues and at first we never filed b/c upon calling the immigration office they said 'it's not too important you file unless you want to travel or work right away" which i didn't want to do either. So now we are in a position to get this going and file. Everyone is saying we NEED to hire an attorney b/c of our situation, the fact that i didn't need a passport to cross into the US at that time and b/c we waited so long to file. Is this true? There has to be other people out there who didn't file immediately right? I would appreciate any and all information. good or bad. thanks!

There are lots of people who don't file immediately. You're lucky that you haven't been caught because it would have caused a lot of pain and stress for you and your family. You really should have filed years ago because the fees have gone up a LOT since you first arrived.

You're looking at this guide: http://www.visajourney.com/content/i130guide2 you won't need a lawyer as long as you don't have any red flags (from your post I don't see any but you would know). You WILL have an interview but you've been together a while so you should pass and relationship test with flying colours.

The FEES you're looking at are:

- I-485 (AOS) $1070 (you can file the I-765 at the same time and the fee will be waived)

- I-130 (relative petition) $420

- Medical $400+ (you'll need to make sure your shots are up to date)

Could be worse for the medical, could be better. You shouldn't bother filing the AP (i-131) because if you leave the country (even with AP) you would trigger the 10 year ban.

[milimelo 4,541]

Moving to AOS from tourist, work and student visa as OP never had family based visa.

[Myopia 93]

You should had filed immiediately..... you had 6 months that you were on legal status, what is your status for last 6.5 yrs?

You dropped out of the status in 2004, you should had filed for the AOS immediately.

What was the point of this post? It did nothing to bring any light to the OP's situation. You really should refrain from posting replies is you are going to be judging their motives.

[velnoure 2]

We're married for 5 years now and just filed for AOS this year. Everything's going well with my application, however. If you are happily married to your spouse, everything should go well for you too, at least during the interview. I have no red flags (no crimes committed, illegal employment, or arrests since I arrived in the US since 2002 with a family-based visa... not even a traffic/parking ticket! ). I suggest you hire a lawyer, as I have, but I think you'll be fine if you seek out advice from the VJ community. At the very least you should discuss your case with some lawyers.

Did you receive any documents before you enter the U.S.?

Edited May 10, 2011 by velnoure

[BMW4me 12]

I don't think you are gonna face problems, why? coz during an AOS interview the officer looks for a fraud, and obviously you two have a very profound relationship, having a kid also been together for 7 years is quite strong.

yes you should've filed long before but who cares about that at this point.

also like many have mentioned before overstays are forgiven upon marriage to a usc

so i think you're ok, but still consult with an attorney, just don't pay anything more than a 100 bucks(if they ask for consulting fee, some do)

[Karenbel 1]

I agree with vkn & jsb. I'm just filing after being married for almost 6 years also. I just did a lot of research and decided to just file on our own. I don't believe in paying a lawyer thousands of dollars to do what I can do myself. I believe the outcome will be the same regardless. Whether you get approve or not. But that's just my opinion. I paid $50 once to consult with a lawyer only for him to tell me that his fees will be "thousands." His attitude didn't help either so I decided to just do a lot of research and inquiry on my own. I'm at the biometrics stage now. Good luck. You will be fine.

[Brit Abroad 166]

The AOS shouldn't be an issue, overstay is forgiven for a spouse provided there has been no wrongdoing on your part while in the US. The only drawback you may face is that you have no evidence of inspection as you came without passport. This is something that you may wish to clarify with an immigration lawyer, or possibly even call USCIS or try walking in to one of the local offices and asking for advice.

[jj789 0]

My wife and I were married in 2006 and we just filed last year. I had a lawyer though because my overstay was quite long, and also for my own peace of mind. You should not have a problem filing since your spouse is USC. I got my green card a month ago and the only hiccups we had was, that I was not approved on the spot, but had to wait a month and after filing and going to an info pass. Also just as long as you can show your marriage is "Bona Fide" you should not have any issues.

[Justine+David 218]

Do you have a legal ID right now from Canada/US? That was a problem that somebody else had who was in a similar situation. Without it, you can't adjust status because you have to show proof of identity.

[keyvance 0]

Thanks everyone for the helpful comments and information. My only hurdle is of course the length of time out of status, and also the fact I have nothing to prove when I came here. I came on the bus and I can't find the ticket anywhere. Also in 2004 Canadians didn't need a passport to come to the US. I do have a Canadian passport which is current for my ID purposes. This process is scary and daunting and you hear horrific stories about immigration. I would love to hear more stories about people who haven't filed AOS and what the things you have encountered. Thanks folks, love this site!!