New and don't know where to start

[EngPat 0]

Hi, I don't really know where to go with this, Immigration is so daughting to me, thankfully I came across this website and hopefully I can get some feedback on how to proceed.

I am unsure what forum this question should be posted under, but here goes.

I came to the US in 2007 on a holiday visa (I-94W, the one you sign on the plane), where I eventually married my wife (US citizen) during that time. I ended up staying and have lived here now for the past 5 years. Since then I've not been overly productive with my time in resolving my status, partly out of fear having over stayed my visa and partly out of not knowing where to start.

It's time I resolved my status but I do not know where to start. What are my options? What should I be applying for? Do I qualify for anything as I overstayed my visa, even though I've been married this whole time?

I would eventually like to be a US citizen but my main priority for now is to legally be allowed to live and work in this country but I do not know how to go about it.

Any and all help would be greatly appreciated.

Thank you.

Edited July 23, 2012 by EngPat

[Anh map 2,098]

This VJ guide has the process that your spouse will initiate >>> http://www.visajourney.com/content/i130guide2

[EngPat 0]

This VJ guide has the process that your spouse will initiate >>> http://www.visajourney.com/content/i130guide2

Am I still eligible, considering I overstayed (though I've been married this whole time)? This is my biggest fear.

Thank you so much for replying.

[Anh map 2,098]

Am I still eligible, considering I overstayed (though I've been married this whole time)? This is my biggest fear.

Thank you so much for replying.

Overstay is forgiven in this instance (spouse petition).

[EngPat 0]

Overstay is forgiven in this instance (spouse petition).

The guide states:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad

Does that mean I have to leave the US to complete this process? Or can I remain here for the duration.

[Anh map 2,098]

The guide states:

Does that mean I have to leave the US to complete this process? Or can I remain here for the duration.

You've already made your choice on that. Don't leave the US until you receive the GC or you will get a ban to reentry.

File the forms as listed.

[EngPat 0]

Thank you

[EngPat 0]

One last question, which forum should I be using for questions about my process, K-1 Fiance(e) or IR-1 / CR-1.

I'm bound to have a lot of questions once I start filling in these forms.

Thank you.

[Anh map 2,098]

One last question, which forum should I be using for questions about my process, K-1 Fiance(e) or IR-1 / CR-1.

I'm bound to have a lot of questions once I start filling in these forms.

Thank you.

You will be adjusting status. Use the forum where this thread is now located as a starting point.

Best of luck

*Moved from Introducing New Members forum to Adjustment of Status - Work, Student, Tourist forum*

[Lornaevo 48]

OP, as long as when you came here you didn't intend to stay or lied to Immigration you should have no problem.

Your wife would need to show proof that she can support you and that she is a US citizen. You will need to show proof that you guys are married and that you entered legally. And you pay the required fees and you should be fine.

[del-2-5-2014 1,339]

I know you're stressing out but you are actually in good shape.

The important thing is to make sure tha tyou haven't lied to immigration, at entry point as stated above and haven't misinformed anyone that you're a USC to get work of benefit. Someone please correct me if those are waivable with a USC Spouse.

Gowon wishes you luck and salutes you for taking charge of your life.

[Little_My 464]

Ahn Map gave you the link to the correct VJ guide. It will seem daunting at first, but it really isn't once you start getting a better idea of the process - and the only way to get to that point is by reading, re-reading, and then reading again ALL the relevant instructions and forms for the AOS process. As mentioned earlier, overstay is forgiven for spouses of US citizens, so it won't prevent you from becoming a permanent resident. You MUST remain in the US for the entire process - because of the overstay, you are subject to a 10 year ban to the US. It won't take effect as long as you don't leave before having the greencard in your hand. The entire process should be done in roughly 5 months, on average.

[Bryan and Isabel 29]

Good Luck

[EngPat 0]

Thank you for all of the great replies.

I've actually started to break down the process needed into checklists and such, making the task a lot more manageable.

It does seem though my wife had already done an I-130 some time ago (2008), as she got out the I-797C, Notice of Action, saying we should apply for Application of Permanent Residence. So it seems, as far as I know, we only need to do the I-485 now (I think, providing we didn't miss anything).

[Hypnos 6,578]

If you already have an approved I-130 for you then yes, all you need to do is submit an I-485, together with an I-765 (employment authorisation).

Do not bother with an I-131; due to your overstay you will receive a 10-year bar from the US as soon as you leave that the AP will not overcome. This will not be an issue once your green card is approved though.