I'm all over the place, please guide me :(

[PinkMelody 1]

Hi. This is my first time posting here in VisaJourney. I've been reading some threads but I can't find casese similar to mine so decided to post my own and seek some help.

First I'll summarize the situation by time.

1985 My husband became Permenant Resident when he was 1

2005. 9 I came to US with J-1;got my SS#

2006. 5 Started living together

2007. 3 Adjusted my status in US from J-1 to B-1 w/3 months approval since then overstayed

2011. 8 My husband became naturalized citizen

2011. 10 We got married

Now we are trying to file I-130 and I-485. Consulted with immigration attorney and he told us put my name back on to everything. Since I overstayed we got rid of my name from everything. Meanwhile I canceled my credit card and bank account so he's been paying my credit card debt from his bank account everymonth. So Since we got married, we rented our apartment under both his and my name. He put me on his car/renters insurance. We're going to bank this week to make joint account. He told his job that his married so he can change his w-2.

Since I was out of status for quite a long time, is it safe to hire attorney and go throught with him or is process pretty much going to be same with K visa people since I'm in US like them?

Oh and do I have to file 'work authorization' as well?

Thank you.

[Jojo92122 1,924]

Hi. This is my first time posting here in VisaJourney. I've been reading some threads but I can't find casese similar to mine so decided to post my own and seek some help.

First I'll summarize the situation by time.

1985 My husband became Permenant Resident when he was 1

2005. 9 I came to US with J-1;got my SS#

2006. 5 Started living together

2007. 3 Adjusted my status in US from J-1 to B-1 w/3 months approval since then overstayed

2011. 8 My husband became naturalized citizen

2011. 10 We got married

Now we are trying to file I-130 and I-485. Consulted with immigration attorney and he told us put my name back on to everything. Since I overstayed we got rid of my name from everything. Meanwhile I canceled my credit card and bank account so he's been paying my credit card debt from his bank account everymonth. So Since we got married, we rented our apartment under both his and my name. He put me on his car/renters insurance. We're going to bank this week to make joint account. He told his job that his married so he can change his w-2.

Since I was out of status for quite a long time, is it safe to hire attorney and go throught with him or is process pretty much going to be same with K visa people since I'm in US like them?

Oh and do I have to file 'work authorization' as well?

Thank you.

It is safe to hire an attorney. Most people like you on this forum do not even hire an attorney.

Your process will be similar to a K-1 visa holder. You will need to file to adjust your status. Unlike an K-1 visa holder, you will also need an I-130.

Follow the Guides: http://www.visajourney.com/content/guides

If you want work authorization before you get your green card, you will need to apply for an Employment Authorization Document (EAD) when you file to adjust. You will need either the EAD or a green card to legally work.

[Little_My 464]

The overstay won't prevent you from becoming a legal permanent resident now that you are married to a US citizen. The important thing is for you not to leave the country for any reason until you have your physical greencard, as you are now subject to a 10 year ban due to your overstay. The ban won't take affect unless you leave - so stay put until you are a permanent resident. Also, don't bother to apply for the AP-travel document (with the I-131 form), as you wouldn't be able to use it anyway.

You are not currently authorized to work. If you want to work before getting your GC, then apply for the EAD. It doesn't cost extra, so you might as well get it - you never know how long the AOS will take. Average is around 5 months, but there are members here on VJ who have been waiting around for a year or even longer.

The particular guide you want to be looking at is this one: http://www.visajourney.com/content/i130guide2

And yes, it is a good idea to put you on bank accounts, insurance, lease etc. as you will be expected to show proof of a bonafide marriage as part of the AOS process, and comingling of finances and regular everyday matters (such as insurance or phone plan, for example) are good to have.

As to the lawyes-issue.. It's really up to you. If you feel more confortable with a lawyer and can afford the extra few thousand dollars that it will cost you, go for it. However, a lawyer can only do so much to smooth out the process, and in some situations they actually make things a lot worse. You've been together for 5 years, so you probably have plenty of proof of a relationship/marriage. The overstay is not an issue with AOS, so unless there are some other major red flags associated with your situation, I personally don't see a need for a lawyer.. But I never advice against it or for it. It's a personal choice we all make based on our own situation and finances - so go with that you think is the best option.

[PinkMelody 1]

Thank you so much to both of you for the replies.

Reason why hesitating about the attorney is he charges us $1500 for lawyer fee and he doesn't do much work. He pretty much just sits at his office and sends documents to USCIS for us. And also the reason why we wanted to hire him was because of my overstay. Since I learned that it wouldn't really matter I think we're on our own now.

Thanks alot for the link. I read through them all.

I think I might need some help filing G-325a form. And about translating in English. Can I do it at home by self? or does it need to be notarized? Oh and according to the link, it seems like I have to get medical exam now and send the sealed envelope with I-130, I-485?

Sorry for the massive questions, I'm just a newbie and thanks again.

[Little_My 464]

Before you get any further with your questions, my suggestion is for you to sit down in a comfortable position with printouts of all the relevant forms and their instructions, as well as the VJ guide in front of you - and then, with the help of tea/coffee/wine/whatever is your preferred method of comfort, read through all those forms and instructions with time and attention. Highlight things that are unclear, and make yourself a list of items needed for each form separately. Note that though you will send the I-130 and I-485 together, each form will require its own supportive documents, even when some of those will be the same for the two forms - so yes, you will need separate G-325As, passport copies, visa copies etc. for both forms.

If you did not know there is a medical check required as part of AOS, chances are there are many other things you have missed / overlooked as well. This is why I suggest you first take the time to really read all the guides and instructions before asking more questions - it will be easier to ask the right questions and get the right answers.

If all your lawyer does is "sits and mails papers", personally I would not pay $1,500 for that - unless for some reason you cannot mail papers yourself. Other than that, there's no reason why you would need a lawyer to stam an envelope and drop it in a mailbox for you. Again, it's your decision to make - but this is my opinion of the matter.

[Penguin_ie 5,993]

***** Moving from Family Based AOS to Student/ Work/ Tourist visa AOSW *****

[Rebecca Jo 1,962]

I know you people love VJ, but why in the world would you tell someone who has overstayed that "there's no reason why you would need a lawyer to stamp an envelope and drop it in a mailbox for you"?

There may be no reason this woman can't adjust her status by herself. But does her case look usual to you? Does it look like the typical VJ scenario? In the US on a J1 then switched to B in country? Lived together for 4 years before he naturalized so he could file for her? Took her name off everything while she was out of status?

Is there any reason for people sitting on the other side of a computer screen to believe they know everything about someone's case? Especially when we already have these bits of information?

Sometimes people need lawyers.

VJ. Sheesh.