This is mind boggling at first!

[mystickal 8]

Does she have an EAD card showing that she could legally work here?

[Pupsik 4]

Does she have an EAD card showing that she could legally work here?

No, she came on a J1 that expired in 2009

[mystickal 8]

No, she came on a J1 that expired in 2009

How is she working without any proper documentation?

Edited July 28, 2011 by mystickal

[Pupsik 4]

So she has been working without any work authorization?

correct. i know that this is usually forgiven especially since she pays taxes. but im unsure as to what to put on the application sine she is really "without status"

[Pupsik 4]

OR should i put "AOS Pending"

[mystickal 8]

Overstaying her J1 Visa and working illegally here in the US are ingredients of AOS being denied.

[Pupsik 4]

Overstaying her J1 Visa and working illegally here in the US are ingredients of AOS being denied.

not what i asked, but thanks

[Harpa Timsah 13,258]

Pup - her status is not yet "AOS-pending" so you can put J-1 or you can put J-1 (overstay) or something if that makes you more comfortable. You need to put her status as it is right now, when you are signing the forms, not what it will be in a month. They will know she overstayed.

To mystickal - Actually illegal work and overstaying are generally irrelevant/forgiven for spouses of US Citizens, as a courtesy to the USC. Some aspects of illegal work can make one inadmissible - if they claimed to be a USC or stole a SSN or something, but usually other under the table work does not make one inadmissible if they are the immediate relative of a USC.

Edited July 28, 2011 by Harpa Timsah

[mystickal 8]

To mystickal - Actually illegal work and overstaying are generally irrelevant/forgiven for spouses of US Citizens, as a courtesy to the USC. Some aspects of illegal work can make one inadmissible - if they claimed to be a USC or stole a SSN or something, but usually other under the table work does not make one inadmissible if they are the immediate relative of a USC.

The fact that the beneficiary overstayed and worked illegally are not to be overlooked as minor occurrences during the interview. Having no documentation of prior marriage can also provide difficulties to overcome.

Edited July 28, 2011 by mystickal

[LlamaInvasion 76]

OP already stated they do have the documentation of prior marriage, divorce decree, etc.

Plenty of people in this forum have first-hand experience with adjusting status despite overstays on various visas (some considerably longer than in the OP's situation) and working under the table.

[Pupsik 4]

correct, we have all needed paperwork. my question was just what to put as her status. I put J1 (overstay) on all forms that were requiring her current status.

putting the package together tonight, signing everything and it should be in the mail tomorrow!

[Brother Hesekiel 2,236]

Once again, and repeating what Harpa Timsah stated: her status is J1.

If she filed a tax return, enclose her tax returns as well.

"Unlawful presence" (commonly known as "overstay") and working without authorization are "not being made an issue of" at the AOS stage. Simplified it could be seen as being "forgiven" but neither the US Government nor the gods forgive anything. In its practical application, however, it's the same difference.

The fact that she has a SSN and filed income tax returns are working in her favor. While working without authorization is not being made an issue of, Uncle Sam does not forgive tax evasion. Anybody who "resides" (is present for more than 180 calendar years in any given year) is a resident for tax purposes, illegal aliens, hookers and drug dealers included.

The only possible issue is a "false claim of US citizenship," meaning if your wife, for example, marked "US citizen" on an I-9 form when being hired for a job, that would be a deal breaker.

[Pupsik 4]

Once again, and repeating what Harpa Timsah stated: her status is J1.

If she filed a tax return, enclose her tax returns as well.

"Unlawful presence" (commonly known as "overstay") and working without authorization are "not being made an issue of" at the AOS stage. Simplified it could be seen as being "forgiven" but neither the US Government nor the gods forgive anything. In its practical application, however, it's the same difference.

The fact that she has a SSN and filed income tax returns are working in her favor. While working without authorization is not being made an issue of, Uncle Sam does not forgive tax evasion. Anybody who "resides" (is present for more than 180 calendar years in any given year) is a resident for tax purposes, illegal aliens, hookers and drug dealers included.

The only possible issue is a "false claim of US citizenship," meaning if your wife, for example, marked "US citizen" on an I-9 form when being hired for a job, that would be a deal breaker.

we are including everything she has in the app. her taxes included.

there have been no false claims made by her so we are good in that respect.

im confused again though with the packets for the 130 and the 485. according to the guidelines on here, they both call for the same documents (passport copies, birth certificates, marriage certificates,etc). do i just include the copies with both????

[LlamaInvasion 76]

we are including everything she has in the app. her taxes included.

there have been no false claims made by her so we are good in that respect.

im confused again though with the packets for the 130 and the 485. according to the guidelines on here, they both call for the same documents (passport copies, birth certificates, marriage certificates,etc). do i just include the copies with both????

Yes, submit copies of what's asked, even if it appears to be duplicates. They're not. You're essentially submitting two different packages (one being the I-130, and one being the I-485) - they just happen to be in the same envelope.

[Pupsik 4]

Yes, submit copies of what's asked, even if it appears to be duplicates. They're not. You're essentially submitting two different packages (one being the I-130, and one being the I-485) - they just happen to be in the same envelope.

yeah, that is what i am figuring...have to make some more copies tomorrow at work. then hopefully get this out on saturday.

the g325a needs more pictures too...

I think assembling this whole thing has been the most stressful part so far...im sure the waiting and the interview will be worse though....goodnight.