Help us out please!

[WishMeLuck 0]

Hi Everyone,

My husband is a US citizen acquired through birth, I came to the US as a small child on a visitor's Visa but over stayed my visit. I have been in this country for 15 years now. Met my husband years ago, had a child and we are now married.

We are filing form I-13o and I-485 together. Our forms are not completed because we are stuck on some questions, I am hoping you guys can give us a hand. I am sorry is this question's have been answered before. I am new to this site, I have tried searching for them by myself, with no luck. Again, I am sorry.

Form I-130:

C. Information about your relative

1.Name(Family name in CAPS)

Am I suppose to put his last name as our family name? I do want to have his last name. Example: his name is John Smith and I'm Jane Brown. Am I suppose to put SMITH Jane .

7. Other Names Used(including maiden name)

Am I suppose to put my last name before marriage? I have 2 last names, my father's and my mother's. Example: BROWN JOHNSON.

10.Alien Registration Number

Where do I find this?

14.Arrival/Departure Record(1-94)

Here goes my I-94 # Example:XXX-XXXXXXXX

16.Has your relative ever been under immigration proceedings?

What does this mean? I have never had an order of removal or anything, immigration did stamp my passport on entry.

18.Address in the US where your relative intends to live.

I live with my husband in the US, so I put our current address, right?

Form 1-485

1.Information About You

Family Name(Last Name)

Smith(my husbands last name)

Given Name(First Name)

Jane

Middle Name

Jan

C/O(in care of)

Do I put my sponsors name or my husbands name?

A#(if any)

Is this the 7 digit # on my passport that starts with A, on the top of every page?

Current USCIS Status

Is my status, "illegal"

Expires on

none

Part 3. Processing Information

Give your name exactly as it appears on your Form 1-94, Arrival Departure Record

My name was misspelled on my passport, and in my I-94 form Example: Janne Jan Brown Johnson, so that's the name I put, right?

Nonimmigrant Visa Number

Where do I find this, anywhere in my passport or I-94, if not then I guess I don't have any.

Consulate Where Visa Was Issued

Visa was issued in my country, I was small, I don't remember

Part 5. Signature

Signature (Applicant)

My signature

Print Your Full Name

Do I write, "Jane Jan Brown Johnson", JanNe Jan Brown Johnson", or "Jane Jan Smith".

Thank you all in advance for the help, if you are confused, ask questions and I will clarify. Thanks!

Sorry if I posted on the wrong section of the board.

[JohnR! 5,495]

Form I-130:

C. Information about your relative

1.Name(Family name in CAPS)

Am I suppose to put his last name as our family name? I do want to have his last name. Example: his name is John Smith and I'm Jane Brown. Am I suppose to put SMITH Jane

You should enter your legal name. If you legally changed your name as a result of your marriage you should use your married name. Check your marriage certificate! The last name - famly name - should be all caps, i.e. SMITH

.

7. Other Names Used(including maiden name)

Am I suppose to put my last name before marriage? I have 2 last names, my father's and my mother's. Example: BROWN JOHNSON.

Yes.

10.Alien Registration Number

Where do I find this? - If you were not in this country legally chances are you do not have a ARN. Leave it blank.

14.Arrival/Departure Record(1-94)

Here goes my I-94 # Example:XXX-XXXXXXXX

16.Has your relative ever been under immigration proceedings?

What does this mean? I have never had an order of removal or anything, immigration did stamp my passport on entry. - In this case answer NO.

18.Address in the US where your relative intends to live.

I live with my husband in the US, so I put our current address, right? - Correct.

Form 1-485

1.Information About You

Family Name(Last Name)

Smith(my husbands last name)

Given Name(First Name)

Jane

Middle Name

Jan

C/O(in care of)

Do I put my sponsors name or my husbands name? - If you are using your own address leave it blank.

A#(if any)

Is this the 7 digit # on my passport that starts with A, on the top of every page? - This is the ARN. See question 10 above...

Current USCIS Status

Is my status, "illegal" - Your status is 'none'. You don't have a status in the US.

Expires on

none

Part 3. Processing Information

Give your name exactly as it appears on your Form 1-94, Arrival Departure Record

My name was misspelled on my passport, and in my I-94 form Example: Janne Jan Brown Johnson, so that's the name I put, right? - You enter your name as it is on your I-94

Nonimmigrant Visa Number

Where do I find this, anywhere in my passport or I-94, if not then I guess I don't have any. - If should be on the US Visa wich which you entered the US.

Consulate Where Visa Was Issued

Visa was issued in my country, I was small, I don't remember - Look in your passport or ask your parents. Chances are it was issued by the US consulate in your city or at the city nearest your town.

Part 5. Signature

Signature (Applicant)

My signature

Print Your Full Name

Do I write, "Jane Jan Brown Johnson", JanNe Jan Brown Johnson", or "Jane Jan Smith". - Print your full name as it is today.

Thank you all in advance for the help, if you are confused, ask questions and I will clarify. Thanks!

Sorry if I posted on the wrong section of the board.

Good luck!

[Ryan H 3,834]

Moved from K1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum; this is the process the OP will be going through.

[WishMeLuck 0]

Thank you very much, you have been a great help!

[WishMeLuck 0]

Another question, I was told that I need to pay a fine for over-staying my Visa. Do you guys know what form I have to fill out and how much is the fine?

[Little_My 464]

There is no fine. You just pay the refular processing fees for the forms and biometrics, that's it.

Also - I wouldn't put "none" for status. Every foreigner in the US who did not hop a fence or swin across an ocean to get here has a status - even those who overstayed. That is why you are NOT illegal, even though you have overstayed. I would put "Tourist, overstay".

[grrrrreat 109]

There is no fine. You just pay the refular processing fees for the forms and biometrics, that's it.

Also - I wouldn't put "none" for status. Every foreigner in the US who did not hop a fence or swin across an ocean to get here has a status - even those who overstayed. That is why you are NOT illegal, even though you have overstayed. I would put "Tourist, overstay".

No don't put "overstay" at all, just put visitor. No need to bring that up at all.

Just a quibble, but "illegal" doesn't mean anything in U.S. immigration law, and recently people are trying to avoid applying that word to human beings. People who came into the U.S. other than through a port of entry "entered without inspection" or EWI for short. People who did something to violate their status are "out of status" and people who overstayed are "overstayed".

Both overstays and people who EWI are unlawfully present--which is the only relevant term in immigration law that comes close to "illegal". ("Unlawful presence" is what triggers the 3 year/ 10 year ban.)

Edited June 26, 2012 by grrrrreat