I'm new to this pls help

[Darkmanx 0]

Hi everyone.

I came to the US on a B1/B2 visa which has since expired. I am engaged to a beautiful lady and we are planning to get married later this month. She understands my situation and is willing to help me with all the paperwork once we do that. The problem is that i have no clue as to what to do next. I just had a couple of questions.

1. Is there going to be a problem in filing because my visa has expired?

2. Should i consult an immigration attorney once i get married?

3. How soon should i start filing after i get married, as i am afraid to rouse any suspicion from them.

4. What documents do i need to file first?

5. How long is the process going to take.

Pls help. I am tormented by coming forward as i think maybe the USCIS will deny my application because i have overstayed.

[danae 0]

Hi everyone.

I came to the US on a B1/B2 visa which has since expired. I am engaged to a beautiful lady and we are planning to get married later this month. She understands my situation and is willing to help me with all the paperwork once we do that. The problem is that i have no clue as to what to do next. I just had a couple of questions.

1. Is there going to be a problem in filing because my visa has expired?

2. Should i consult an immigration attorney once i get married?

3. How soon should i start filing after i get married, as i am afraid to rouse any suspicion from them.

4. What documents do i need to file first?

5. How long is the process going to take.

Pls help. I am tormented by coming forward as i think maybe the USCIS will deny my application because i have overstayed.

As far as I am aware the overstay shouldnt cause any problems once you are married. However, in your situation you may want to seek the advice of an immigration lawyer.

I too travelled here on a B1 visa, an have now filed for AOS. You can file straight away once married. As long as you had no intent to remain in the country on your arrival, and you can prove this, you shouldnt face any problems. However , like I said regarding the overstay you may want to seek professional advice.

You will need to concurrently file I-130 (which is your partners petition for you), I-485 (which is your petition), an Affidavit of Support (proving your partner can finacially support you, or that you have a co-sponsor) and an optional Advance Parole (if you wish to travel out of the country before you obtain your greencard) and an optional EAD (work authorisation). You can find more detail in the guides section of this site and on the USCIS website.

The process varies a lot in length, depending on your local service centre, if you get any RFE's (requests for more evidence), if there are any problems with your case etc.

Best of luck