HELLPP!!!!!! Swiss citizen who overstayed

[misswiss 6]

hello guys so i came here on a visa waiver in Dec 2006 and it expired March '07...i have been here ever since and i am looking to possibly adjust my status. I have been married for a little over two months with my hubby he is from here (USA). So, being that i am now out of status which ones are the forms i have to file for? From reading this forum i have to do the i-130,i-485, i-765 and i-864..do i send them all in one package?? Please help im looking to send in 2 weeks from today

[Pupsik 4]

yup send them all in the same package.follow the guidelines on here on how to assemble the packages.

dont worry about the overstay. it is forgiven when married to a USC. just dont leave the country until you have an adjusted status. if you apply for AP as well ive heard that it is useless for those who overstayed. you will still have trouble getting back into the country even with it

expect about 5 months to complete the whole process once it is accepted by uscis

[Harpa Timsah 13,258]

Here is the Vj guide.

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

There are more forms than the ones you list, but you look on the right track. Follow instructions for I-130/I-485 CONCURRENT filers. Good luck.

Edited August 27, 2011 by Harpa Timsah

[misswiss 6]

OK GUYS THANK YOU SO MUCH DO I ALSO PUT THE MEDICALS/I-693??? IN THE SAME PACKAGE??? SO IT GOES FIRST I-130 THEN I-854 THEN I-765 AND THEN THE I-485??? IM JUST SAYING LIKE BY ORDER OR IT DOESN'T MATTER WHAT ORDER IN THE ENVELOPE?? ALSO MY HUSBAND JUST REQUESTED HIS W2 AND TAX RETURN TRANSCRIPTS FOR 2010 (I DONT REALLY KNOW HOW THAT WORKS) BUT ARE TRANSCRIPTS AND COPIES THE SAME THING??

[misswiss 6]

Another question...all those forms are sent in one same package to the chicaco po box, right?

[JimVaPhuong 4,863]

OK GUYS THANK YOU SO MUCH DO I ALSO PUT THE MEDICALS/I-693??? IN THE SAME PACKAGE??? SO IT GOES FIRST I-130 THEN I-854 THEN I-765 AND THEN THE I-485??? IM JUST SAYING LIKE BY ORDER OR IT DOESN'T MATTER WHAT ORDER IN THE ENVELOPE?? ALSO MY HUSBAND JUST REQUESTED HIS W2 AND TAX RETURN TRANSCRIPTS FOR 2010 (I DONT REALLY KNOW HOW THAT WORKS) BUT ARE TRANSCRIPTS AND COPIES THE SAME THING??

It doesn't matter what order you assemble the forms. However, it's helpful if you keep forms and the evidence required for the form together. For example, put the tax return transcripts with the I-864. It's also helpful if you provide a cover letter described the contents of the package and the order the documents are assembled.

A tax return transcript is not the same thing as a copy of a tax return. In most cases, transcripts are better than copies. A copy of a tax return is copies of forms a taxpayer filled out and sent to the IRS. A tax return transcript is a computer printout from the IRS showing what information was submitted with a tax return.

All the forms, documents, and other evidence can be bundled into a single package and mailed to the lockbox.

Read the guides, but also read the instructions for each form carefully. The form instructions are separate PDF files you can download from the USCIS website. Go to uscis.gov and click on the "Forms" link.

[Mentalia 0]

Hi Medryl,

It might be that you get into trouble because you are basically illegal here since March 2007 and even though you are married now to a US Citizen you have a very long overstay and I really would recommend you to consult an immigration lawyer, before you send any kind of papers....you have no trouble with an overstay less than 180 days after your Visa expired, anything above means a big problem, no matter if you are married now or not.

Good Luck!

[Harpa Timsah 13,258]

No, overstay is irrelevant/forgiven for spouses of USCs who adjust in country.

[Mentalia 0]

I don't think it is that easy...I had an overstay for about 4 months and our immigration attorney strictly recommended us to file within the 180 days...and I am pretty sure she had a serious reason to do so.

Also with my researches in the internet and literature show that you will need to ask for a waiver and forgiveness for an overstay that is more then a year.

[Harpa Timsah 13,258]

No, that waiver is for people who have left the country after an overstay. It is really that easy. It is a very common question on this forum and there are many who AOS after years of overstay. Overstay of any amount cannot be used as a reason to deny AOS for spouses of USCs (and other immediate relatives of USCs). Your lawyer was probably misinformed (extremely common) or s/he wanted to make it seem urgent to get your money fast!

OP - The only caveat I have is that you shouldn't file in San Diego, if you live there, because they aren't taking kindly to VWP overstays - an anomaly.

Edited August 28, 2011 by Harpa Timsah

[misswiss 6]

My friend overstayed for 4 years and she got married and got her green card in 6 months. So whats your point? I really also feel like lawyers don't guarantee your approval. At all. All they did is conduct an investigation and ask them about their marriage because my friend has been married twice. So her case was really sensitive. Even worse than mines in my opinion. And really i am trying and it doesnt matter because me and my husband could still go live in switzerland I understand that I shouldn't have overstayed. But USCIS don't separate families in general let alone a marriage!!

[IndyThorpe 1]

My friend overstayed for 4 years and she got married and got her green card in 6 months. So whats your point? I really also feel like lawyers don't guarantee your approval. At all. All they did is conduct an investigation and ask them about their marriage because my friend has been married twice. So her case was really sensitive. Even worse than mines in my opinion. And really i am trying and it doesnt matter because me and my husband could still go live in switzerland I understand that I shouldn't have overstayed. But USCIS don't separate families in general let alone a marriage!!

i know i am late writing this but medryl mentalia dont know what she is talking about all overstay no matter how many years is forgiven when married to a usc please hun dont get nervous or anything..you will be fine..good luck on your green card process..

[MrsP2010 20]

No, overstay is irrelevant/forgiven for spouses of USCs who adjust in country.

That's very inaccurate. I know someone who is proof that this isn't the case. Your advice could be leading someone into a 10-year ban from the States, so be careful.

[Harpa Timsah 13,258]

That's very inaccurate. I know someone who is proof that this isn't the case. Your advice could be leading someone into a 10-year ban from the States, so be careful.

No, what I said is true, by law. Your friend is either not married to a USC, or adjusted off of the VWP in San Diego when they were denying all VWP overstayers.

Edited September 10, 2011 by Harpa Timsah

[misswiss 6]

I admit that i still get scared but at the end of the day whether they approve or deny me, I'll still be with my hubby. That is all i want anyway. Don't care where it is as long as i am with him i am O.K. lol

My only real fear is to go to jail before deportation thats when i start acting up

But my hubby wants to visit switzerland also and being swiss i can live anywhere in Europe. Now if i get my green card it would be easier for us but if not oh well..i tried..