PLEASE HELP ASAP! Married to USC came with a Tourist visa in 96

[TanniaZ 0]

Hello everyone! I wish i would have found this website before But i need help big time this is confusing.. So i came to the US with a Tourist visa (B1/B2) in 96' (i was 6yrs old). I married my husband last year have two kids together. My mother in law recommended her Pastor to help us with the immigration process and we have already sent I-130 and G325A ( sent on June 18th received receipt letter 2 weeks later). Have already received the approved letter and right now im just waiting. But today my friend told me i could have sent the I-765 so i can start working and recommended this site and i checked the guide and i didn't send some of the applications it says to send. So now im concerned it may delay my process? Also can i still send the I-765 because i want to start working as soon as possible. Im so overwhelmed and on the USCIS i have already checked my status on the case and im on Initial Review and i have also checked the processing time and it says 5 months. PLEASE HELP i need as much information as possible. Thank you for your time.

[Hypnos 6,578]

You need to file an I-485 (adjustment of status application), since by itself the I-130 won't do anything for you with regards to a work permit or much else, even once it's approved. Once approved you would have to file an I-485 to actually apply for a green card anyway. Most people file concurrent I-130 and I-485.

So, assuming you have only filed the I-130 so far, immediately file an I-485, and you can also file an I-765 (employment authorisation). Technically you can also file for Advanced Parole using an I-131 which would let you travel outside of the US while your application is pending, but still you have a long period of overstay then you should not do this since you will be subject to a 10-year ban on departure from the US.

File your I-485 and I-765 and attach a copy of your NOA from the I-130 so that they can sync up your application at the processing centre and it will become concurrent. There is no filing fee for the I-765 when filed based on a pending I-485, which yours will be. The filing fee for the I-485 is $1,070 which includes an $85 fee for biometrics.

Edited July 14, 2012 by Hypnos

[TanniaZ 0]

You need to file an I-485 (adjustment of status application), since by itself the I-130 won't do anything for you with regards to a work permit or much else, even once it's approved. Once approved you would have to file an I-485 to actually apply for a green card anyway. Most people file concurrent I-130 and I-485.

So, assuming you have only filed the I-130 so far, immediately file an I-485, and you can also file an I-765 (employment authorisation). Technically you can also file for Advanced Parole using an I-131 which would let you travel outside of the US while your application is pending, but still you have a long period of overstay then you should not do this since you will be subject to a 10-year ban on departure from the US.

File your I-485 and I-765 and attach a copy of your NOA from the I-130 so that they can sync up your application at the processing centre and it will become concurrent. There is no filing fee for the I-765 when filed based on a pending I-485, which yours will be. The filing fee for the I-485 is $1,070 which includes an $85 fee for biometrics.

[TanniaZ 0]

OK i will try and get the money ASAP thank you to send the I-485 and I-765 another question i have my friend said since i already sent the I-130 i need to wait to see if i got approved and they will ask for me to send the I-485 etc or other requirements but im guessing if i wait it could take longer correct? Also how long does it usually take to get an approved letter for the I-130? or is the receipt the letter stating that it has been approved? sorry im so confused... If i send the I-485 i dont have to pay for the I-765 correct?

[Anh map 2,098]

OK i will try and get the money ASAP thank you to send the I-485 and I-765 another question i have my friend said since i already sent the I-130 i need to wait to see if i got approved and they will ask for me to send the I-485 etc or other requirements but im guessing if i wait it could take longer correct? Also how long does it usually take to get an approved letter for the I-130? or is the receipt the letter stating that it has been approved? sorry im so confused... If i send the I-485 i dont have to pay for the I-765 correct?

What you (actually your US citizen spouse) have/has done so far is petition for a spouse visa. That interview is held at a US embassy outside the US. If you leave the US, you may incur a ban to entry for your overstay past age 18.

What you wanted to do is petition for adjustment of status as Hypnos mentioned above. Adjustment of Status interviews are held in the US and any overstay will be forgiven.

Now you should file the I-485 and let that catch up to the previously filed I-130. (No need for the I-765. You won't get the work authorization.) Include a cover letter stating that you filed the I-130 without the I-485 in error and your intention is to adjust status.

Read through this VJ Guide to help you understand where you want to be >> http://www.visajourney.com/content/i130guide2

[DandT14 272]

Why won't she get the work authorization?

[Hypnos 6,578]

I can see no reason why she wouldn't receive an Employment Authorisation Document by filing an I-765 alongside an I-485.

You may be thinking of an I-131 Advance Parole, which while likely to be approved would still be useless due to her overstay.

Edited July 15, 2012 by Hypnos

[aayitrun 66]

pastor != immigration lawyer. just sayin.

[Justine+David 218]

You need to file a i-485 too...

Read this guide:

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

and do everything it says (don't apply for the travel document though, you shouldn't be leaving the US)

[GlobeHopperMama 95]

Pastors, while wonderful, helpful people, are not generally licensed or certified to practice immigration law. Before you proceed with filing the paperwork for Adjustment of Status, it would be really good to talk to an immigration lawyer who can help ensure that you won't hit any more pitfalls, since so far the pastor had you set to be filing for an immigrant visa abroad, which would be NOT GOOD since by doing so, you would end up incurring a ban requiring a hardship waiver, a major extra expense and long wait period which you can avoid by properly filing the adjustment of status inside the US. In online forums like this one, we see this happen in too many tragic cases, where well-meaning but improperly-informed people end up getting immigrants banned from the US and in really precarious situations. Two of the lawyers linked in my signature, Laura Fernandez and Lizz Cannon, offer free initial consultations, and they're really wonderful ladies who know their stuff when it comes to overstays, and are completely trustworthy (one I've known personally for several years and the other I've been in contact with in various forms for the past 3 years). One thing you'll definitely need to obtain for the AOS process is proof of inspected entry. This could be a major obstacle since you entered so young, but to AOS you will need to prove you were inspected. If you have no such proof, Laura and Lizz are great people to talk to about methods for obtaining the proof. Good luck!

[him4life 13]

yes you should file the i485 along with i765 work employment authorization, go on the internet find lawyers that offers free consultation and talk to them let them tell you what you need, in the mean time you can read the instructions that comes along with the i485 and i765, on the USCIS website. but i am not sure if you have to wait on them to request the i485 from you or u could go ahead and send it now, maybe someone else can answer that question

[TanniaZ 0]

yes you should file the i485 along with i765 work employment authorization, go on the internet find lawyers that offers free consultation and talk to them let them tell you what you need, in the mean time you can read the instructions that comes along with the i485 and i765, on the USCIS website. but i am not sure if you have to wait on them to request the i485 from you or u could go ahead and send it now, maybe someone else can answer that question

[TanniaZ 0]

Thank you so much for your answers and time. I have other questions :

Since i already sent the I-130 do i have to resend all the documents it asked me to send with the I-485 and I-765? or just the copy of NOA from the I-130...

And

Can someone please give me a detailed response if i just send the I-485 and I-765 or all the applications it tells me on here http://www.visajourn...tent/i130guide2 ?

Thank you for your time

[Boiler 46,132]

Do you have proof of legal entry?

[TanniaZ 0]

Do you have proof of legal entry?

I have a copy of my passport and visa from 96'. On the visa its stamped and has date of entry...

I have a copy of my passport and visa from 96'. On the visa its stamped and has date of entry... My parents got robbed a long time ago and they stole all our original copies but i was able to get copies from mexico i that helps