Filing I130 and I485 from overstay status

[Terra Firma 0]

Hello everyone! I feel like I know you guys so well since I have been reading from the shadows for quite some time (6+ months)

I would like to introduce myself but have to honestly tell you that I can not reveal my real name because I work for a company that has contracts with the DOD, Raytheon, Lockheed, Boeing, NASA, and FBI. I have been completely honest with them and they have been amazingly understanding and have pushed the envelope on my behalf as far as they can while still remaining legal. I would rather not have one of our clients stumble upon my information online.

So my name is Andrew Jacobs and I live in NYC.

I entered the US under a B2 visa in 1995 through the Houston Airport. I was a child back then.

I overstayed my Visa and was granted TPS status along with an employment authorization document in 2008, and I have been diligently renewing it since. I have a valid social security number and pay my taxes. I have never been arrested and have not left the country since I entered it in 2008.

In 2009 I met my now wife, we got married in 2010.

Due to my own busyness and negligence I did not file for adjustment of status until now.

And this is only due to my company having given me a new position that will require me to travel out of the country and be granted higher levels of security clearance.

I am filing the following forms:

I-130

I-485

I-693

G-325A (x2 one for my wife and one for myself)

I-864

G-1145

I am very confident with mostly everything and only have a few questions.

Did I miss anything obvious or huge?

Form I-864, my wife and I have been filing taxes jointly, I do not know what to put here. I technically make almost twice as much as she does and she alone makes more than 10 times the poverty guideline so either of our incomes alone would satisfy this form. I just do not know what to put here. I spoke to our accountant and he gave me her separate income but it is not adjusted since we have such deeply co-mingled resources. We both own companies of our own, and have written off losses.

Once I file this, how soon will I be able to travel for work? There is a major project coming up in Japan that I need to be able to make. This will be in the September-November time frame.

When I translated my own birth certificate I scanned it in and then used photoshop to remove the Spanish text and put the translated text in its place. It looks like a legitimate English document, but I still included the little disclosure clause stating that I know what I am talking about in both languages and signed it including the date and address. Is this way of translating it ok? I also included a copy of the original.

Thanks a ton! and I hope I covered all of my bases, and hope that I posted int he right forum! If not please move this post

Also, I already made 2 copies of everything, I packaged the I-130 bundle of docs in one envelope and the I-485 in another and then placed them both in a big envelope this way it is neat for them when they get it, separated documents with paper clips, and placed the pictures in ziplock bags and wrote what document they are for, as well as created a typed out table of contents for the whole package and then for each of the two major forms.

Once I get the OK from you guys I will ship this out overnight service.

Thanks again!

Edited April 4, 2013 by Terra Firma

[Ty Webb 0]

You need two G-325A's for yourself. One in the i-130 packet and one in the i-485 packet.

[Terra Firma 0]

You need two G-325A's for yourself. One in the i-130 packet and one in the i-485 packet.

Ah yes! I do have 3 total, 1 for my wife and two for myself. I just miscounted for my post

Great catch! Thank you for taking the time to read my post and respond

[kam777 2]

You also need form 1-131 for temporary travel permit if you would like to travel, it is free if you file together with 1-485. Timeline it can take 2-3month to receive permit

if you send everything right. Good luck

[Hypnos 6,578]

You do not mention an I-131 in your initial post. This is a request for Advance Parole to be able to travel overseas whilst your applications are pending.

Since you mention you are an overstay then you should check with an attorney before travelling internationally - you may be inadmissible with the overstay (that the AP will not overcome), but I am unsure how TPS interacts with that.

If you are making $400k a year then I'm sure you can afford a good attorney.

[Terra Firma 0]

You also need form 1-131 for temporary travel permit if you would like to travel, it is free if you file together with 1-485. Timeline it can take 2-3month to receive permit

if you send everything right. Good luck

Well a couple of questions with that. I saw that I can E-File form I-131. Is it still free if I E-file it? Is it quicker?

And the BIG question is, if I travel on a travel document while I am in the middle of waiting for my adjustment of status, wont I get his with the however many year bar for exiting the country? (I think its 5 or 10 years or something like that)

I would rather not complicate or risk anything if I do not have to. But if it is simple and a clean cut answer then I would like to file form I-131 along with the I-130 and I-485 so that I can travel sooner.

Thanks for taking the time

[Terra Firma 0]

You do not mention an I-131 in your initial post. This is a request for Advance Parole to be able to travel overseas whilst your applications are pending.

Since you mention you are an overstay then you should check with an attorney before travelling internationally - you may be inadmissible with the overstay (that the AP will not overcome), but I am unsure how TPS interacts with that.

If you are making $400k a year then I'm sure you can afford a good attorney.

See that's the tough part, they all call themselves good attorneys. My family has been burned by immigration attorneys time and again. My grandmother has been here over 45 years and has been ripped off too many times. I am now helping her through becoming a citizen.

I honestly do not trust attorneys, I would rather understand it myself and be able to see it on crisp clean black and white writing myself.

Plus there is nothing like talking to others who are chin deep in the trenches of immigration proceedings and actually have something riding on it, you know like the awesome people on these forums

I love the sense of community here.

Thanks for reading and replying, and congrats on your recent approval!

Edited April 5, 2013 by Terra Firma

[Hypnos 6,578]

Believe me I get what you are saying about attorneys; many will simply take your money and put you to the back of the pile. I am just advising you that, since yours is not a completely straightforward case, then at least a consultation with an attorney (and probably several until you find a knowledgeable one that you like) is a good idea.

With regards to an I-131, you cannot file online because you are filing on the basis of a supporting I-485: http://www.uscis.gov...000d1f1d6a1RCRD (right side of the table, second point down).

I believe that your previous overstay would render you inadmissible (180 days of overstay gives a three year bar, 365 days of overstay gives a ten year bar) but, again, TPS may interact / negate that in some way that I am not familiar with.

The site http://www.avvo.com can be a good place to research legal advice and find reputable attorneys.

Edited April 5, 2013 by Hypnos

[Terra Firma 0]

Believe me I get what you are saying about attorneys; many will simply take your money and put you to the back of the pile. I am just advising you that, since yours is not a completely straightforward case, then at least a consultation with an attorney (and probably several until you find a knowledgeable one that you like) is a good idea.

With regards to an I-131, you cannot file online because you are filing on the basis of a supporting I-485: (right side of the table, second point down).

I believe that your previous overstay would render you inadmissible (180 days of overstay gives a three year bar, 365 days of overstay gives a ten year bar) but, again, TPS may interact / negate that in some way that I am not familiar with.

The site can be a good place to research legal advice and find reputable attorneys.

Thanks for the tip

From my past research TPS does not interact in anyway with the overstay/exit/bar combo. My mother learned that the hard way. Now she can not have an adjustment of status so easily since she traveled with a travel document and re-entered the country having TPS and overstay status.

So I think it is safe to say that I should just stay put until the dust settles. Looks about a year or so at this point :/

[Hypnos 6,578]

A good lawyer will almost always advise you to remain in the US after you have filed for AoS, even for people with no overstay issues. Nine times out of ten and perhaps even ninety-nine times out of a hundred you will have no issue coming back on AP, but there is always that one story about CBP hassling or sometimes even denying entry with a valid AP.

It is probably best not to roll the dice with this, especially when it is something as important as the rest of your life.

I was in the same boat, I could not use AP because of overstay issues and so simply did not apply for it. It would have been granted (as it almost always is if you are eligible for it, which an I-485 applicant is) but had I used it I know the consequences would have been dire.

[VanessaTony 3,567]

Are you also going to file the EAD (i-765) so that you have a work permit? I know you have one right now, but it's free so I would.

AOS is taking many many months at the moment. Hopefully you will get approved in time, otherwise you may want to request an expedite for financial reasons/work related reasons.

[Terra Firma 0]

A good lawyer will almost always advise you to remain in the US after you have filed for AoS, even for people with no overstay issues. Nine times out of ten and perhaps even ninety-nine times out of a hundred you will have no issue coming back on AP, but there is always that one story about CBP hassling or sometimes even denying entry with a valid AP.

It is probably best not to roll the dice with this, especially when it is something as important as the rest of your life.

I was in the same boat, I could not use AP because of overstay issues and so simply did not apply for it. It would have been granted (as it almost always is if you are eligible for it, which an I-485 applicant is) but had I used it I know the consequences would have been dire.

Yes, exactly that same boat :/

Unless someone here can show me otherwise I simply will not file an I-131, this way I am not tempted to use it and risk losing 10 years of my life.

[Terra Firma 0]

Are you also going to file the EAD (i-765) so that you have a work permit? I know you have one right now, but it's free so I would.

AOS is taking many many months at the moment. Hopefully you will get approved in time, otherwise you may want to request an expedite for financial reasons/work related reasons.

Funny that you ask about an I-765, I was in the middle of e-filing my I-765 when I read your comment. I didn't realize it was free with my application. A couple of questions on that.

My EAD expires on the card on 7/5/13, but on the USCIS site it has been auto extended until 1/5/2014. And there is a 60 day re-registration window spanning from 4/3/13 to 6/3/13.

Can I file with my AoS for free and have it renewed this way?

Will doing this make it take longer?

Can I e-file for it for free still somehow?

If I file it with my AoS, do I still file under (already approved EAD?

How can I request an expedite for financial/work related reasons? I looked at premium processing but it does apply to I-130 or I-485.

Thanks for taking the time to read and post

[VanessaTony 3,567]

Funny that you ask about an I-765, I was in the middle of e-filing my I-765 when I read your comment. I didn't realize it was free with my application. A couple of questions on that.

My EAD expires on the card on 7/5/13, but on the USCIS site it has been auto extended until 1/5/2014. And there is a 60 day re-registration window spanning from 4/3/13 to 6/3/13.

1. Can I file with my AoS for free and have it renewed this way?

2. Will doing this make it take longer?

3. Can I e-file for it for free still somehow?

4. If I file it with my AoS, do I still file under (already approved EAD?

How can I request an expedite for financial/work related reasons? I looked at premium processing but it does apply to I-130 or I-485.

Thanks for taking the time to read and post

1. It would be a "new" application under the category C9. You would list that you'd already had one though

2. The EAD will take 60-90 days.

3. No. Needs to be paper filed

4. No. You would file for a new one under C9.

Re the expedite: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You can make an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283. The NCSC will take a “service request” and forward your expedite request to the office with jurisdiction over the application or petition. You also have the options of 1). visiting your local office by scheduling an InfoPass appointment or 2). writing a letter to the local office or service center.

Personally I would schedule an INFOPASS for the expedite (if you haven't heard by say, June for the EAD, and July/August for the GC (for that meeting)) http://infopass.uscis.gov/ and I would use "extreme financial loss to person or company". You would require something from your work about why you, and you specifically, need to attend this conference overseas, and why it needs to be at that time, and can't wait until after you're approved. You should also have a statement about how not attending would affect you financially.

It's up to you whether you choose to renew your other EAD as well as applying for this other one.

[Terra Firma 0]

1. It would be a "new" application under the category C9. You would list that you'd already had one though

2. The EAD will take 60-90 days.

3. No. Needs to be paper filed

4. No. You would file for a new one under C9.

Re the expedite: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Personally I would schedule an INFOPASS for the expedite (if you haven't heard by say, June for the EAD, and July/August for the GC (for that meeting)) http://infopass.uscis.gov/ and I would use "extreme financial loss to person or company". You would require something from your work about why you, and you specifically, need to attend this conference overseas, and why it needs to be at that time, and can't wait until after you're approved. You should also have a statement about how not attending would affect you financially.

It's up to you whether you choose to renew your other EAD as well as applying for this other one.

Wow tons of awesome information! That's why I love VJ!

I will certainly keep the expedite procedures and the timeline in mind. It should not be an issue getting the letter from my job.

Any idea how much faster the expedite will be? and if it will cost anything?

I had not considered putting in both EAD applications. Could that backfire on me in any way? Has anyone here tried it?

Also, does anyone know what the level of confidentiality is with all of these documents? So for example if I go for the expedite and my company gives me a letter explaining that I will be working on XYZ government project in a ABC capacity, can that somehow get back to another government branch and bite my company in the butt?

My company does everything by the books, but I have seen certain contractors and diplomats react very negatively to someone less than a citizen working on their projects. So we just follow don't ask don't tell. They can't ask and we don't tell.

Thanks again!