Filing AOS on expired Visa Waiver - Anything Special

[ClydesdaleCouple 75]

Ok so I know that all kinds of horrible things can occur when filing an AOS on an expired Visa Waiver, but here's the history and I'd like someone to give me the good news and what we should do next:

We met like 2 years ago while he was in Scotland, we fell in love, corresponded over the net for a year, then in Jan of 2012 he came here to visit on a Visa Waiver. Well when the time came for him to go home, we couldn't stand the thought of being apart so we got married We're best friends and have never regretted it. UNFORTUNATELY, his VWP expired in April. Its now July. By the time we are READY READY to file, it will probably be mid August. Which, granted, is only 4 months past due, but what I need to know is are there any extra measures to be taken cause we didn't file it before it expired? I know tons of people say that it probably wont matter much, though we will probably get a slap on the wrist, and I can DEFINITELY provide them TONS of proof of relationship validity, even though somedays Id like to deny it! Haha.

As of now we have:

1. G-325a

2. I-864

3. I-485

4. I-765

5. I-131

And I know I have to file the I-130.

Can I file the I-130 with the rest? And do I have fees for any of the forms other then the I-485 (plus biometric)and the I-130???

As much info as possible is appreciated!!!

I guess I should state that he's a British citizen and i'm a born American citizen.

So Like I said:

1. are there any extra measures to be taken cause we didn't file it before his VW expired?

2. Can I file the I-130 with the rest?

3. Do I have fees for any of the forms other then the I-485 (plus biometric)and the I-130???

Thanks!!

[Penguin_ie 5,993]

*** Moving from AOS from Family visa to AOS from Tourist visa ***

[ValerieA 350]

Congratulations! Here is the guide you will need to follow: AOS Guide Non-Family Visa

1. are there any extra measures to be taken cause we didn't file it before his VW expired?

No, you are fine. Overstay is overlooked for the spouse of a US citizen.<br style="color: rgb(28, 40, 55); font-size: 13px; line-height: 19px; background-color: rgb(250, 251, 253); ">2. Can I file the I-130 with the rest?

You SHOULD file the I-130 with everything else. The alternative is to file the I-130 first, which may delay your process.<br style="color: rgb(28, 40, 55); font-size: 13px; line-height: 19px; background-color: rgb(250, 251, 253); ">3. Do I have fees for any of the forms other then the I-485 (plus biometric)and the I-130???

No, your total fees are $1,070.00 for the I-485 (includes the $85.00 biometric fee) plus the $420.00 I-130 fee = $1,490.00. Separate checks should be written for these.

[ClydesdaleCouple 75]

Congratulations! Here is the guide you will need to follow: AOS Guide Non-Family Visa

1. are there any extra measures to be taken cause we didn't file it before his VW expired?

No, you are fine. Overstay is overlooked for the spouse of a US citizen.<br style="color: rgb(28, 40, 55); font-size: 13px; line-height: 19px; background-color: rgb(250, 251, 253); ">2. Can I file the I-130 with the rest?

You SHOULD file the I-130 with everything else. The alternative is to file the I-130 first, which may delay your process.<br style="color: rgb(28, 40, 55); font-size: 13px; line-height: 19px; background-color: rgb(250, 251, 253); ">3. Do I have fees for any of the forms other then the I-485 (plus biometric)and the I-130???

No, your total fees are $1,070.00 for the I-485 (includes the $85.00 biometric fee) plus the $420.00 I-130 fee = $1,490.00. Separate checks should be written for these.

You're amazing! Thanks for the answers!!

[AF-Wife 181]

Also, file your advance parole(so you will be able to travel) & working authorization too. Fees will be waived, if filed with your I-485.