AOS

[ddkorestin 10]

i think your best option is to apply for aos. u cannot continue to b an illegal, i don't think any body should criticize anybody whether u spent 100 yrs illegal or 1 day illegal, let us try and encourage one another. i personally believe that any body who has overstayed a visa should consult a lawyer. they are the experts and they will advice u but to be honest, its a good thing that u are married to an American citizen. best of luck

[Hypnos 6,576]

Overstay is not penalised at adjudication for immediate relatives of a US citizen. A spouse is an immediate relative of a US citizen.

Working illegally is also forgiven for immediate relatives of a US citizen, but tax evasion is not, so you would need to have paid individual income tax on those earnings, even if you did not have work authorisation.

The only issue you might have is if you've ever claimed to be a US citizen to any state or federal agency (on an I-9, to a state DMV, etc.). A false claim of US citizenship carries a lifetime bar from the US for which there is no waiver available.

Edited May 20, 2013 by Hypnos

[Mitch.J11 2]

Overstay is not penalised at adjudication for immediate relatives of a US citizen. A spouse is an immediate relative of a US citizen.

Working illegally is also forgiven for immediate relatives of a US citizen, but tax evasion is not, so you would need to have paid individual income tax on those earnings, even if you did not have work authorisation.

The only issue you might have is if you've ever claimed to be a US citizen to any state or federal agency (on an I-9, to a state DMV, etc.). A false claim of US citizenship carries a lifetime bar from the US for which there is no waiver available.

I haven't claimed to be a US citizen, i'm just not sure whether i did to a DMV or not. Will USCIS be able to find out or can i call the DMV and find out?

[Boiler 45,486]

Firstly I see no issues.

Secondly what is the worst that would happen. They are not going to come looking for yoU?

[Mitch.J11 2]

Firstly I see no issues.

Secondly what is the worst that would happen. They are not going to come looking for yoU?

im sorry, i dont understand. what do you mean by that ?

[Harpa Timsah 13,258]

Mitch, this thread is going in circles.

For peace of mind why don't you have a consult with a lawyer.

The facts are that illegal work and overstay are not a bar to approving an AOS.

I understand you are nervous, but no one is going to come in with any new or different information than that.

[Mitch.J11 2]

Ok, one last question. Do you think that they may just issue the green card since we have a lot of evidence showing a bona ride marriage (we have 2 children together) or do you think they might make us do an interview at the uscis office?

[Harpa Timsah 13,258]

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

[Mitch.J11 2]

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

Should i file a form I-131, Application for Travel Document, or should I not because if I leave without the GC I will be subject to the 10 year bar.

[Boiler 45,486]

You can always get it, just do not use it.

[Harpa Timsah 13,258]

Don't use AP (!!!!). You can apply it for fun if you enjoy filling out forms. If it were me, I'd skip it.

[grrrrreat 109]

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.

Read and follow this Guide for adjusting status to lawful permanent resident: http://www.visajourney.com/content/i130guide2

An overstay will not prevent a spouse of a U.S. citizen from adjusting status. You only need to prove that you entered the U.S. lawfully in the first place, so the I-94 and the stamp in your passport are very important, especially because they are from so long ago and before everything was computerized. Be sure to submit copies (not originals) with your application as proof. Hang onto the originals so they do not become lost, and USCIS will ask to see them if they need to.

Working will also not prevent you from becoming a permanent resident.

I wouldn't worry about renewing the passport before you receive a Green Card. As you may know, if you leave the U.S. before obtaining permanent residency, you will be barred from returning for a very long time. It is not required to adjust status.

Edited May 29, 2013 by grrrrreat

[Mitch.J11 2]

Read and follow this Guide for adjusting status to lawful permanent resident: http://www.visajourney.com/content/i130guide2

An overstay will not prevent a spouse of a U.S. citizen from adjusting status. You only need to prove that you entered the U.S. lawfully in the first place, so the I-94 and the stamp in your passport are very important, especially because they are from so long ago and before everything was computerized. Be sure to submit copies (not originals) with your application as proof. Hang onto the originals so they do not become lost, and USCIS will ask to see them if they need to.

Working will also not prevent you from becoming a permanent resident.

I wouldn't worry about renewing the passport before you receive a Green Card. As you may know, if you leave the U.S. before obtaining permanent residency, you will be barred from returning for a very long time. It is not required to adjust status.

Ok. I don't remember the last time I renewed my drivers license if they asked about my citizenship or not. Can I get in any trouble for having a Ohio drivers license.

[grrrrreat 109]

Ok. I don't remember the last time I renewed my drivers license if they asked about my citizenship or not. Can I get in any trouble for having a Ohio drivers license.

You can't get in trouble for having an Ohio driver's license. You can get in trouble for lying about your citizenship to get one.

[Mitch.J11 2]

You can't get in trouble for having an Ohio driver's license. You can get in trouble for lying about your citizenship to get one.

That's my problem. I don't know if I said I was a us citizen to get one. What should I do. Call the Ohio DMV? Ask them what?