Filing I-130 w/ Overstay is Waiver Needed??

[mjpnme 1]

Hello VJ,

My husband overstayed his visitor's visa 6 years. We married in August and I am working on the AOS paperwork now. Will I need some kind of waiver if so which one? Can I do it without a lawyer and how? Is their a fee?

Thanks so much for any advice!

[travelfairy 22]

The USCIS fees are detailed on their website, and are about $1500 in total. Lawyer fees are up to the individual lawyer. I would recommend that if English is your second language, and you can't afford a lawyer to manage your case for you, you hire one to review your completed documents (prior to sending to USCIS). They can tell you if you've missed a field, or misinterpreted something, or used the wrong format. English is my first language, plus I've studied some law at university and my lawyer picked up on things I got wrong in my application so it's worth the money.

I'm not sure how the overstay situation will be handled. If you've been in a relationship with your husband for some time and have the appropriate proof, then this should indicate that he's not marrying you for visa purposes, and that your love and commitment is genuine. This will definitely help your case.

Good luck.

[Penguin_ie 5,997]

You won;t need a waiver, as an overstay is forgiven for the spouse of a USD citizen- he'd only need a waiver if he'd left the country and applied for a visa to come back.

As to a lawyer- only you know that. This is a DIY website, so most people do everything themselves. But if you have trouble filling out detailed forms, then a lawyer may be a good option.

[mjpnme 1]

Thank you I was asking if I needed a waiver and if the waiver had a fee. You answered my questions and I plan on doing it myself.

Thanks so much!

[Xanax 349]

No waiver needed.

[hmh33 117]

You might come across the I-485 Supplement A, which involves a $1000 penalty fee. This does not apply to you, you should not file that supplement and should not pay the fee.