Overstay & Sponsor

[Tearabyte666 0]

Long story short, I'm from Canada, entered the US 2 years ago as a visitor ( with the intention on staying only 2 months), met my husband, got married, we now have an 8 month old baby. All I did was filing the I-130 (which I know now was a mistake, I should have filed along with I-485, but we did not have a sponsor).

I FINALLY got a sponsor... whom is a millionnaire business owner.

My questions are...

Do I have a chance to get the green card? Will they overlook my overstay since I'm married and have a baby? Or will they send me back?

Will the fact that my sponsor is a millionnaire business owner be considered suspicious?

I'm a little bit lost and I guess I should get a lawyer but money is tight............

Thank you, thank you, thank you...

[Harpa Timsah 13,258]

Overstay is irrelevant/forgiven for spouses of USCs who adjust in country. Send off your I-485 package with a copy of your NOA1 from the I-130 to get on the correct path for your situation.

How do you know your cosponsor? (your husband is always the main sponsor even if he is not qualified).

Edited June 4, 2013 by Harpa Timsah

[Penguin_ie 5,997]

**** Moving from AOS from Family Visa to AOS from Tourist visa ****

How long ago did you send the I-130 and did you get an acknowledgement for it?

[Tearabyte666 0]

Harpa : He is an acquaintance of my husband.

Penguin : sent it Decembre 2011 and got acknowledgment for it in May 2012.

[Penguin_ie 5,997]

Assuming your husband is a US citizen, it should not take that long, despite you only having filed the I-130 without the I-485. I would chase that up, make sure you didn't miss an appointment letter or something.

[Ally12 4]

Your overstay is forgiven once married to a USC.

File the I-485 ASAP , with the I-130 receipt notice.

And don't forget your husband is still your main sponsor so he has to fill out his own I-765.

If you can prove that you know your joint sponsor then no that won't be suspicious, why would if be?

[Harpa Timsah 13,258]

Overstay is not forgiven once married to a USC. Overstay is "forgiven" if the applicant adjusts in country, and is only "forgiven" upon approval of the GC.

This distinction is important because as of now, the OP is deportable, her overstay is not "forgiven" yet, if she were to leave on her own accord now, she would trigger a ban upon exit, and she cannot use Advance Parole during AOS, because she has overstay and will trigger a ban when leaving.

Overstay is only "forgiven" for spouses of USCs who adjust in-country, and upon approval of the GC.

And I think you mean I-864, not I-765. The husband fills out his own I-874.

[Tearabyte666 0]

Yes m'am! Thank you.

How can I prove that I know my co-sponsor? We have no pictures or anything...

Edited June 5, 2013 by Tearabyte666

[Harpa Timsah 13,258]

You don't need to prove a relationship with the co-sponsor.

[Tearabyte666 0]

So at the interview I only say that he is an acquaintance, that's all?

Thank you so much for your answers!

[Harpa Timsah 13,258]

Why do you think they will ask that? The fact that you re making a big deal of this makes it seem like you are hiding something.

[Tearabyte666 0]

...Yeah. Hm. I have an appointment with a lawyer, I don't feel comfortable talking about it on the internet.

You're a very smart lady lol!