New to VJ and I need your help.

[Janet788 0]

Hello everyone. Just want to go ahead and thank you in advance for your answers.

Well I am new to all of this. And this is my situation, (I have not started no paper work and would like some advice in what I need to do to get started) I am a US citizen and my spouse entered the country legally with a visa when he was just a child (he is from Mexico). His visa expired a long time ago And I would like to get started on his paper work. We got married in Feb 2011 and we just had a baby last

month. I have heard that in his case it would be easy and I just need to file for an adjustment of status I believe.

Please help me get started. Thanks and God bless.

[Janet788 0]

Also I have heard that if I file for the I-130 and I-485 the process would be quicker. If I'm wrong let me know. Thanks again.

[Harpa Timsah 13,258]

Here is the VJ guide. Good luck. http://www.visajourney.com/content/i130guide2

[Darnell 8,479]

Please study that guide, as it'll be yer bible for the next few weekends.

Good Luck !

[Janet788 0]

Thanks! Ok so I have read a little bit of this. Do you know if he will have to pay a fine since he "over stayed" and his visa expired.

[payxibka 10,047]

Thanks! Ok so I have read a little bit of this. Do you know if he will have to pay a fine since he "over stayed" and his visa expired.

no monetary fine.. do you have proof of his legal entry?

[JimVaPhuong 4,863]

Thanks! Ok so I have read a little bit of this. Do you know if he will have to pay a fine since he "over stayed" and his visa expired.

No. You're thinking of section 245(i) of the INA. That's the last remnant of the Reagan amnesty program. That would only apply if he had entered illegally, and was applying based on a petition that had been submitted prior to April, 2001. Your husband entered legally, and he's applying based on being an immediate relative of a US citizen - section 245(a). There are no fines, but there's a couple of hefty filing fees.

[Janet788 0]

Yes I have proof of his legal entry. He has all the papers of his proof of entering the country legal. So as of now the only two forms I should fill out is the 130 and 485. Or what other forms do you guys recommend. Thanks for your help

[payxibka 10,047]

Yes I have proof of his legal entry. He has all the papers of his proof of entering the country legal. So as of now the only two forms I should fill out is the 130 and 485. Or what other forms do you guys recommend. Thanks for your help

yes, 1-130 & i-485 submitted concurrently

[Harpa Timsah 13,258]

Yes I have proof of his legal entry. He has all the papers of his proof of entering the country legal. So as of now the only two forms I should fill out is the 130 and 485. Or what other forms do you guys recommend. Thanks for your help

The I-130 and the I-485 are the big parts, but please look at that guide - there are a lot more forms that go along with it.

[monyfer 27]

I am no expert, but I assumed there would be a ten year ban for something like this. You cannot just overstay a visa and get married and stay legally with no problems right..I mean overstaying on a visa is illegal, correct?

[ceadsearc 516]

Overstaying a visa is illegal, but if you entered with a valid visa (as opposed to crossing the border), the overstay is forgiven when you adjust status if you are the immediate family member of a USC (like a spouse). The ban is only incurred if you leave the country - once you step foot outside of the United States, you will receive a 3 year ban if you have overstayed by at least 180 days and a 10 year ban if you have overstayed by 365 days or more.

[Janet788 0]

Ohh ok I ask because. I have a friend that did the same thing but his wife didn't have to leave the country. I would ask him if I could contact him but since I have no contact with him I can't ask what forms did he file out so his wife wouldn't have to leave since she entered legally to with a visa and then ended up staying (I believe his wife entered when she was a child to and her and her mother never left)

[payxibka 10,047]

Ohh ok I ask because. I have a friend that did the same thing but his wife didn't have to leave the country. I would ask him if I could contact him but since I have no contact with him I can't ask what forms did he file out so his wife wouldn't have to leave since she entered legally to with a visa and then ended up staying (I believe his wife entered when she was a child to and her and her mother never left)

You have been told the forms several times

\

I-130 & I-485 along with the requested evidence filed concurrently

If you do this, NO ONE has to leave the country

[Harpa Timsah 13,258]

Your husband should NOT leave the country. he will incur a ban and not be allowed to come back. If you file the forms already mentioned, then he can stay (and must stay) until he has his Greencard. The process takes around 3-5 months. Start reading the forms and instructions and the forums here so you get a better sense of the process. Good luck.

Edited September 17, 2011 by Harpa Timsah