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Mitch.J11 Contributor

Mitch.J11   2

Posted
Filed: AOS (apr) Country: Poland
 Timeline
Posted

Hello everyone! I am new here. Here is my story:

I came to the USA in 1985 on a B-2 visitors visa.

In 2002, I married my spouse, which was a US citizen at the time. (I didn't know him in 1985, so I didn't marry for papers)

In 1998 we had a son

In 2000 we had a daughter

The problem is that I am a 27 year overstay and I've been working this whole time. I would like to know is there any way for me to get my green card without leaving the US?

Will the overstay and work be forgiven be forgiven because of our marriage?

P.S: I still have the expired I-94 and my Polish passport that expired in 1986. (I haven't renewed it)

Should I renew the passport?

Also, when I came to the USA, I didn't intend on staying, I had a ticket to go back, but I didn't leave, I just stayed.

6/5/13: Sent via UPS AOS package: I-130, I-485, I-765, I-864

6/7/13: Package received at Chicago Lockbox

6/15/13: NOA Received for I-130, I-485, I-765

7/6/13: Received Biometrics appt. notice. Code 3

7/12/13: Biometric early walk in Cleveland: Successful!smile.png

7/15/13: Waiting...ranting33va.gifClockWatch2.gif

7/25/13: I-485 TOUCH!!! Changed from Acceptance to Interview and Testing!

7/31/13: I-485 TOUCH!!! Interview scheduled for: SEPTEMBER 3!smile.png

8/2/13:I-485 Interview appointment notice received! smile.png Scheduled for 9:00 AM at Cleveland.

8/8/13: I-765 APPROVED! smile.png Only email I got was that Card Production Was Ordered, No Approval email

8/14/13: I-765 Card Production Ordered Again... ranting33va.gif

8/15/13: I-765 Card mailed; Called USCIS, talked to ISO, Got tracking number! smile.png

8/XX/13: Waiting for EAD so I can apply for replacement SS Card with my married last name. goofy.gif

8/17/13: Received EAD

8/29/13: Received new SS Card

9/3/13: I-485 Interview. Approved!!! took less than 30 mins.

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Harpa Timsah
Harpa Timsah

Well this OP has a path to a GC, and the highly positive factor of being married to a USC. And this OP, unlike the other, hasn't insulted anyone and doesn't have a false sense of entitlement. OP: Go

Boiler
Boiler

Anybody could get SSN's way back.

Harpa Timsah
Harpa Timsah

You will have a mandatory interview. All concurrent cases do.

Boiler Grand Master

Boiler   46,156

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Should not be, assuming no other issues.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Moved from adjustment of status from family based visas to adjustment of status from work student tourist visas as the OP entered the USA on a visitor visa not a family visa.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Mitch.J11 Contributor

Mitch.J11   2

Posted
Filed: AOS (apr) Country: Poland
 Timeline
  • Author
Posted

Should not be, assuming no other issues.

I have never been arrested. Only got 1-2 speeding tickets in these 27 years.

I also have an Ohio driver's license and a Social Security Card and number that is IN MY NAME.

So this wouldn't be a problem, right?

6/5/13: Sent via UPS AOS package: I-130, I-485, I-765, I-864

6/7/13: Package received at Chicago Lockbox

6/15/13: NOA Received for I-130, I-485, I-765

7/6/13: Received Biometrics appt. notice. Code 3

7/12/13: Biometric early walk in Cleveland: Successful!smile.png

7/15/13: Waiting...ranting33va.gifClockWatch2.gif

7/25/13: I-485 TOUCH!!! Changed from Acceptance to Interview and Testing!

7/31/13: I-485 TOUCH!!! Interview scheduled for: SEPTEMBER 3!smile.png

8/2/13:I-485 Interview appointment notice received! smile.png Scheduled for 9:00 AM at Cleveland.

8/8/13: I-765 APPROVED! smile.png Only email I got was that Card Production Was Ordered, No Approval email

8/14/13: I-765 Card Production Ordered Again... ranting33va.gif

8/15/13: I-765 Card mailed; Called USCIS, talked to ISO, Got tracking number! smile.png

8/XX/13: Waiting for EAD so I can apply for replacement SS Card with my married last name. goofy.gif

8/17/13: Received EAD

8/29/13: Received new SS Card

9/3/13: I-485 Interview. Approved!!! took less than 30 mins.

tun2usa Rookie

tun2usa   5

Posted
Filed: Timeline
Posted

Hi,

You shouldn't have any issue with adjusting your status. Overstay is forgiven when married to a USC. I guess that you have a bona fide marriage & that your AOS will be just fine. However, I think you need to renew your passport (not sure) before applying for AOS.

Don't lie about working under the table, its also forgiven. Have all your papers organized before you file and you will be fine.

tun2usa Rookie

tun2usa   5

Posted
Filed: Timeline
Posted

I have never been arrested. Only got 1-2 speeding tickets in these 27 years.

I also have an Ohio driver's license and a Social Security Card and number that is IN MY NAME.

So this wouldn't be a problem, right?

How did you have a Social security card and driver's license with a B2 visa ?

Im not sure what are the implications of having "fake" documents (assuming they are fake). If they are not fake then again you should be fine

Mitch.J11 Contributor

Mitch.J11   2

Posted
Filed: AOS (apr) Country: Poland
 Timeline
  • Author
Posted

Hi,

You shouldn't have any issue with adjusting your status. Overstay is forgiven when married to a USC. I guess that you have a bona fide marriage & that your AOS will be just fine. However, I think you need to renew your passport (not sure) before applying for AOS.

Don't lie about working under the table, its also forgiven. Have all your papers organized before you file and you will be fine.

Thanks a lot!

I wasn't planning on lying about the work.

I have filed taxes the day that I started working so I don't owe any back taxes.

6/5/13: Sent via UPS AOS package: I-130, I-485, I-765, I-864

6/7/13: Package received at Chicago Lockbox

6/15/13: NOA Received for I-130, I-485, I-765

7/6/13: Received Biometrics appt. notice. Code 3

7/12/13: Biometric early walk in Cleveland: Successful!smile.png

7/15/13: Waiting...ranting33va.gifClockWatch2.gif

7/25/13: I-485 TOUCH!!! Changed from Acceptance to Interview and Testing!

7/31/13: I-485 TOUCH!!! Interview scheduled for: SEPTEMBER 3!smile.png

8/2/13:I-485 Interview appointment notice received! smile.png Scheduled for 9:00 AM at Cleveland.

8/8/13: I-765 APPROVED! smile.png Only email I got was that Card Production Was Ordered, No Approval email

8/14/13: I-765 Card Production Ordered Again... ranting33va.gif

8/15/13: I-765 Card mailed; Called USCIS, talked to ISO, Got tracking number! smile.png

8/XX/13: Waiting for EAD so I can apply for replacement SS Card with my married last name. goofy.gif

8/17/13: Received EAD

8/29/13: Received new SS Card

9/3/13: I-485 Interview. Approved!!! took less than 30 mins.

Mitch.J11 Contributor

Mitch.J11   2

Posted
Filed: AOS (apr) Country: Poland
 Timeline
  • Author
Posted

How did you have a Social security card and driver's license with a B2 visa ?

Im not sure what are the implications of having "fake" documents (assuming they are fake). If they are not fake then again you should be fine

I got everything when I came in 1985.

I didn't lie on anything, everything is in my name.

6/5/13: Sent via UPS AOS package: I-130, I-485, I-765, I-864

6/7/13: Package received at Chicago Lockbox

6/15/13: NOA Received for I-130, I-485, I-765

7/6/13: Received Biometrics appt. notice. Code 3

7/12/13: Biometric early walk in Cleveland: Successful!smile.png

7/15/13: Waiting...ranting33va.gifClockWatch2.gif

7/25/13: I-485 TOUCH!!! Changed from Acceptance to Interview and Testing!

7/31/13: I-485 TOUCH!!! Interview scheduled for: SEPTEMBER 3!smile.png

8/2/13:I-485 Interview appointment notice received! smile.png Scheduled for 9:00 AM at Cleveland.

8/8/13: I-765 APPROVED! smile.png Only email I got was that Card Production Was Ordered, No Approval email

8/14/13: I-765 Card Production Ordered Again... ranting33va.gif

8/15/13: I-765 Card mailed; Called USCIS, talked to ISO, Got tracking number! smile.png

8/XX/13: Waiting for EAD so I can apply for replacement SS Card with my married last name. goofy.gif

8/17/13: Received EAD

8/29/13: Received new SS Card

9/3/13: I-485 Interview. Approved!!! took less than 30 mins.

Boiler Grand Master

Boiler   46,156

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Anybody could get SSN's way back.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Yes, anyone could get SSNs in the 1980s.

Overstay and plain vanilla illegal work are forgiven/irrelevant for spouses of USCS that adjust in country.

If you paid your taxes, that's great and you won't have to deal with back filing.

One thing that could get you: did you ever claim to be a USC, by saying that on your I-9 form (for work) or voting or serving on a jury or anything?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Mitch.J11 Contributor

Mitch.J11   2

Posted
Filed: AOS (apr) Country: Poland
 Timeline
  • Author
Posted

Yes, anyone could get SSNs in the 1980s.

Overstay and plain vanilla illegal work are forgiven/irrelevant for spouses of USCS that adjust in country.

If you paid your taxes, that's great and you won't have to deal with back filing.

One thing that could get you: did you ever claim to be a USC, by saying that on your I-9 form (for work) or voting or serving on a jury or anything?

I don't thing that I ever claimed to be a USC, never filed an I-9 form, never voted/ served on a jury.

Are you sure that they would forgive a 27 year overstay and work?

6/5/13: Sent via UPS AOS package: I-130, I-485, I-765, I-864

6/7/13: Package received at Chicago Lockbox

6/15/13: NOA Received for I-130, I-485, I-765

7/6/13: Received Biometrics appt. notice. Code 3

7/12/13: Biometric early walk in Cleveland: Successful!smile.png

7/15/13: Waiting...ranting33va.gifClockWatch2.gif

7/25/13: I-485 TOUCH!!! Changed from Acceptance to Interview and Testing!

7/31/13: I-485 TOUCH!!! Interview scheduled for: SEPTEMBER 3!smile.png

8/2/13:I-485 Interview appointment notice received! smile.png Scheduled for 9:00 AM at Cleveland.

8/8/13: I-765 APPROVED! smile.png Only email I got was that Card Production Was Ordered, No Approval email

8/14/13: I-765 Card Production Ordered Again... ranting33va.gif

8/15/13: I-765 Card mailed; Called USCIS, talked to ISO, Got tracking number! smile.png

8/XX/13: Waiting for EAD so I can apply for replacement SS Card with my married last name. goofy.gif

8/17/13: Received EAD

8/29/13: Received new SS Card

9/3/13: I-485 Interview. Approved!!! took less than 30 mins.

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

I don't thing that I ever claimed to be a USC, never filed an I-9 form, never voted/ served on a jury.

Are you sure that they would forgive a 27 year overstay and work?

Yes.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

tashired Enthusiast

tashired   18

Posted
Filed: Lift. Cond. (pnd) Country: Jamaica
 Timeline
Posted

No expert, but I think ur case looks from reading some cases on here good and no ur expired passport will notbe a problem...kudos for keeping all ur docs in tact all these years, I wish you all the best in ur journey and hope you get a speedy approval :)

P.S Just an observation Harpa is a very valuable resource person on this site and usually gives great factual advice :)

IR2/CR2 Journey

02/19/2015 Day00 - Mailed I-130 for my daughter

02/23/2015 Day04 - Received NOA1 texts and emails - Yay!

02/27/2015 Day08 - Received Hard Copy NOA1 in mail - Middle name left off <_<

07/10/2015 Day141- Received Text with Approval/Confirmed via website :)

07/20/2015 Day151- Case sent to NVC - Recd Text & Email

07/24/2015 Day155- NVC received case

08/12/2015 Day174- Case Number & IIN received over the phone.."Oh happy day!"

08/21/2015 Day183- Ds261 Completed Online

08/23/2015 Day185- Paid Aos Fee Online

08/28/2015 Day190- Reviewed Ds261 over the phone

09/19/2015 Day213- Sent Packages (Aos & IV)

09/21/2015 Day215- Scan Date Letter recd by email

10/04/2015 Day228- Paid IV Fee

10/07/2015 Day231- Completed Ds260 - Now the wait :sleepy:

10/19/2015 Day243- Case Complete - Totally unexpected/Ds260 Completed only 2 wks ago - :dancing: To God be the glory!

12/31/2015 Day316- Interview Scheduled/P4 Email Rec'd

02/09/2016 Day354- Medical

02/24/2016 Day369- Interview Appointment - Praise God!

03/01/2016 Day375- Dhl delivers passport - 6 Days after Interview

03/03/2016 Day377-My Baby arrived - Poe Ft Lauderdale/Hollywood Intl - God is Good!

I751-Removal of Conditions Journey

05/26/2015 Day00 - Mailed I751 - Finally! - Now the wait ^_^

05/28/2015 Day02 - Receipt Notice I-751

08/21/2015 Day87 - Walk-in Biometrics successful :)

08/27/2015 Day93 - Biometrics Appointment

10/27/2015 Day154 - Website said card production - love it!

11/05/2015 Day163 - Gc in Hand - To God Be The Glory

Mitch.J11 Contributor

Mitch.J11   2

Posted
Filed: AOS (apr) Country: Poland
 Timeline
  • Author
Posted

No expert, but I think ur case looks from reading some cases on here good and no ur expired passport will notbe a problem...kudos for keeping all ur docs in tact all these years, I wish you all the best in ur journey and hope you get a speedy approval smile.png

P.S Just an observation Harpa is a very valuable resource person on this site and usually gives great factual advice smile.png

I barely have any docs! all i have is my expired passport and i-94.

i will be sending the aos forms asap! all i need is the i-693 medical form

6/5/13: Sent via UPS AOS package: I-130, I-485, I-765, I-864

6/7/13: Package received at Chicago Lockbox

6/15/13: NOA Received for I-130, I-485, I-765

7/6/13: Received Biometrics appt. notice. Code 3

7/12/13: Biometric early walk in Cleveland: Successful!smile.png

7/15/13: Waiting...ranting33va.gifClockWatch2.gif

7/25/13: I-485 TOUCH!!! Changed from Acceptance to Interview and Testing!

7/31/13: I-485 TOUCH!!! Interview scheduled for: SEPTEMBER 3!smile.png

8/2/13:I-485 Interview appointment notice received! smile.png Scheduled for 9:00 AM at Cleveland.

8/8/13: I-765 APPROVED! smile.png Only email I got was that Card Production Was Ordered, No Approval email

8/14/13: I-765 Card Production Ordered Again... ranting33va.gif

8/15/13: I-765 Card mailed; Called USCIS, talked to ISO, Got tracking number! smile.png

8/XX/13: Waiting for EAD so I can apply for replacement SS Card with my married last name. goofy.gif

8/17/13: Received EAD

8/29/13: Received new SS Card

9/3/13: I-485 Interview. Approved!!! took less than 30 mins.

Boiler Grand Master

Boiler   46,156

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Your case seems straightforward.

There is no harm in a one off consultation with an Immigrant Visa if you have any concerns.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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