New and don't know where to start

[Harpa Timsah 13,258]

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).

You will need a copy of the approval notice from your I-130. Good luck!

[mccbsimon 5]

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.

go to www.uscis.gov,,,,there are guides there and ALL the forms and ALL the answers to ANY questions you may have are there somewhere somehow. all the forms are there with ALL the instructions. the best advice is go read the instructions to the forms you are required to file..if you dont know which forms those are, again. there are guides on the site. further more, the instructions in the forms tell you who that specific form is for and used by. if you have any questions, make an infopass appointment. most answers on this site are opinion based wether the have adjusted or not. as ive been told time and time again by IO's...talk to the people at the window! aka infopass. and noooooo they wont arrest and deport you lol. dont listen to anyone either if they say they will.. again..best advice will come from the immigration officers at your nearest local office...you can make an appointment with them at www.uscis.gov its the ONLY way to see them. now, you can walk in and talk to someone depending on wehter that office is busy or not. best bet, make appointment, attend and leave feeling 100 percent confident. good luck!

[mounir412 101]

Welcome to VJ and good luck!!!

[EngPat 0]

Is the I-765 required? Doesn't it just allow me work during the processing process. As I'm not sure if we can afford the filing fee for that as well, if it's optional.

[Little_My 464]

Not required, but there's also no fee.. both the I-765 for EAD and I-131 for the travel document (AP) are free when filed together with I-485. Given your overstay, you probably shouldn't take the risk of trying to travel with the AP though, so I wouldn't bother with that application. The EAD will allow you to begin working while AOS is pending.

Edited July 24, 2012 by Little_My

[EngPat 0]

Thank you all for your help in this process so far. Been awhile since my initial post and wanted to update my situation. We are currently waiting on my wife's divorce documents to continue with the I-485, and the money ready for the medical and filing fees.

We do have an issue outside of the visa situation, as our home is currently being harassed by a disgruntled family member and fear that involving the police is the only way to stop it. As you can guess though, we have held off due to having overstayed my visa and not having completed the I-485 (I am I-130 approved). Does anyone have any experience of dealing with the police while being in a similar situation with their status? Can we safely call them and not have to worry about them questioning me about my visa situation or possibly deportation? Could it effect my I-485 approval?

I apologize if this is slightly off topic, but it is the only place I feel suitable to ask this question. Thank you.

[ceadsearc 516]

Highly unlikely if you file a complaint against a family member that they'll look into your situation. But if you're concerned, have your spouse file the report.

[Harpa Timsah 13,258]

You can safely call the police. They are not going to inquire about your immigration status.

I am curious though - you say you are waiting for your wife's divorce documents.... you need those for the I-130, so why are you waiting for them - surely you had them before?

[EngPat 0]

You can safely call the police. They are not going to inquire about your immigration status.

I am curious though - you say you are waiting for your wife's divorce documents.... you need those for the I-130, so why are you waiting for them - surely you had them before?

I honestly don't know. My wife did the I-130 with little involvement from me about 5 years ago, so as far as I know she didn't include any divorce papers, but I'll double check and ask her tonight when she gets home.

[Brother Hesekiel 2,236]

You should really prioritize your status in the U.S. . . . after half a decade, mate!

You could have been making $125K or more since then. If you worked, even without authorization, make sure that you paid income taxes on this. Part of the AoS package, consisting of I-130, I-485, 2 x G-325a, I-693, and I-765, is the past 3 years of income tax returns. You NEED to have those filed jointly as being married to one another; that's the primary evidence of a bona fide marriage!