U.S Citizen marries non-us citizen

[ovidio 0]

Hello, I have read some topics but it seems everyone has a different situation. Wondering if anyone could explain procedure for my situation. I am a U.S citizen with no prior criminal record. I have a stable career and am a college graduate. My fiance is living in the u.s. She was brought here from Mexico when she was 16 by her parents on a tourist visa in 2003. Her current Mexican visa expires next year 2013. She has overstayed her tourist permit since 2004. She has been living here for 9 years now. she is now 25 yrs old. She also has no criminal record. We got married July 1st 2012. What do I have to do to process her residency card instead of hiring a lawyer or do I have to hire a lawyer? We dated for 3 yrs and just got married. We have no kids and just moved in together when we got married. Got married through the church and civil court the same day. If anyone can please orientate me through this process step by step I would greatly appreciate it. thank you

[canadian_wife 1,829]

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

She should obviously not leave the country

Adjust her status

Good luck

[carton025 38]

This is only my understanding. You wife has been an illegal alien in the USA since 2004, or 8 years, by overstaying her visitors visa. This is why it is so difficult for citizens from poor countries to get a visitors visa to the USA. Should you attempt to do the AOS, the USCIS is going to require your wife to return to her home country, Mexico, so you can begin the process for the AOS. At that time, the USCIS will deny her entry back to the USA for either 5, 10 years, or up to life. You gal really damaged her eligibility to stay in or return the USA and she knew this when she did it back in 2004. Never violate a VISA by overstaying. My gal has a cousin that is doing this very thing right now and I have been telling her what is going to happen when he gets caught. And, he will get caught. I am sorry for your situation.

Regards,

Sid

[Moomin 292]

She entered legally(with inspection) and she has an overstay. The overstay is forgiven being the spouse of a US citizen. Please follow Canadian_wife's link and start gathering your supporting documents. Supporting evidence is mentioned on the forms, and in the VJ guide.

Eg., in order to adjust status, she had to prove she entered US legally - she can prove that with the (copy of)tourist visa/passport. Get a certified copy of marriage certificate in order to prove you're married, and so on.

You don't have to hire a lawyer, that's your choice.

God luck.

[canadian_wife 1,829]

This is only my understanding. You wife has been an illegal alien in the USA since 2004, or 8 years, by overstaying her visitors visa. This is why it is so difficult for citizens from poor countries to get a visitors visa to the USA. Should you attempt to do the AOS, the USCIS is going to require your wife to return to her home country, Mexico, so you can begin the process for the AOS. At that time, the USCIS will deny her entry back to the USA for either 5, 10 years, or up to life. You gal really damaged her eligibility to stay in or return the USA and she knew this when she did it back in 2004. Never violate a VISA by overstaying. My gal has a cousin that is doing this very thing right now and I have been telling her what is going to happen when he gets caught. And, he will get caught. I am sorry for your situation.

Regards,

Sid

This post is full of inaccurate info. AOS CANNOT be done outside the country. She is not illegal (she is out of status...different)

She is already in the country and entered legally, no visa necessary

[Moomin 292]

This is only my understanding. You wife has been an illegal alien in the USA since 2004, or 8 years, by overstaying her visitors visa. This is why it is so difficult for citizens from poor countries to get a visitors visa to the USA. Should you attempt to do the AOS, the USCIS is going to require your wife to return to her home country, Mexico, so you can begin the process for the AOS. At that time, the USCIS will deny her entry back to the USA for either 5, 10 years, or up to life. You gal really damaged her eligibility to stay in or return the USA and she knew this when she did it back in 2004. Never violate a VISA by overstaying. My gal has a cousin that is doing this very thing right now and I have been telling her what is going to happen when he gets caught. And, he will get caught. I am sorry for your situation.

Regards,

Sid

NO. And no.

Illegal is different than unlawful. Illigal means having entered the US without inspection. Unlawful means being out of status. Illegals cannot adjust status, unlawfully present people can. And they can WITHOUT leaving the US. If leaving, they'll get a ban for the overstay.

And no, she did not ruin her chances of staying in the US. The only unlawful thing she has committed is being in the US unlawfully, which is forgiven as the spouse of a US citizen. You may have a personal opinion about the situation however the legal aspect is far from that opinion.

[Old_Dog_Barking 36]

... This is why it is so difficult for citizens from poor countries to get a visitors visa to the USA.

Obviously, you have not read the ton of posts from people entering through the VWP and overstaying their visa. This is not about poor country.I will not revisit the other inaccuracies that have already been addressed.

[Ban Hammer 13,573]

one spammer removed

[AF-Wife 181]

The most important thing is, SHE CAN NOT LEAVE THE COUNTRY, or she will get a ban. Adjust your AOS here and wait to get her greencard. Overstay will be forgive for spouses of US citizens. Don't even leave the country when she gets an advance parole. Wait until you have the actual card in hand and she will be fine. Good luck, you found a great DIY site with all the information you will need!

[ovidio 0]

Does anyone know the updated itemized individual fees for this process??

[ValerieA 350]

It is $1070 for the I-485 and $420 for the I-130

[Moomin 292]

USCIS fees can be found here; http://www.uscis.gov/files/form/g-1055.pdf

So 420 for the i130, 985 for the i485 and 85 for biometrics.

The fees for both EAD and AP(work permit and advanced parole) are waived when submitted with i485.

You'll have to contact a civil surgeon appointed by USCIS for the medical exam(and missing vaccinations), and this is probably where prices may vary the most, so calling a few to get qotes might be a good idea. If she already had some vaccinations, and proof thereof, you can take that with you to the medical. Here's the USCIS link; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=271e6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=271e6138f898d010VgnVCM10000048f3d6a1RCRD

[ovidio 0]

It is $1070 for the I-485 and $420 for the I-130

Does anyone know what would be her current USCIS status?

[newacct 688]

Does anyone know what would be her current USCIS status?

Probably B-2 overstay

[Hypnos 6,578]

"B-2, Expired".