Overwhelmed new Wife of USC on a Student status overstay.

[Milena1985 0]

Hi, my name is Milena

I came here from colombia and attended school on J1 VISA then changed my status to student here in the states. I finished school in june and got married to the man of my dreams in July after dating for 2 1/2 years. Im afraid that I overstayed my student visa as I am no longer attending school.

Im trying to complete the paperwork and steps alone because we are saving for a house and dont want to spend money on legal help but its a bit overwhelming. I read a few discussions on here but they didn't exactly apply to my situation, Can someone please help guide me as to which forms I need to complete and send together?

Yesterday I saw the Medical Doctor and he gave me 2 shots (ouch) and took blood. Im going tomorrow to get the sealed package. I haven't Done any paperwork yet.

Whats first?

Do I need to file them together?

What do I need from my husband?

Im so afraid of filling out the wrong form because I read on here there could be huge consequences for mistakes, Will Someone Please help me

[Harpa Timsah 13,258]

Do this: http://www.visajourney.com/content/i130guide2

You did overstay but that is irrelevant/forgiven for spouses of USCs who adjust in-country. Make sure you don't have a 2-year Home Residency Requirement on your J-1.

[NickD 203]

Do this: http://www.visajourney.com/content/i130guide2

You did overstay but that is irrelevant/forgiven for spouses of USCs who adjust in-country. Make sure you don't have a 2-year Home Residency Requirement on your J-1.

Interesting, that word forgiveness, didn't know that. Our immigration attorney gave us a strict warning about overstaying a visa, even told us about that visa extension form. Even though the vast majority of non-documented people here are due to overstayed visas. Not that many walk across that desert.

And while nothing is done about these overstayed visas, once you apply, you are carrying a red flag.

Would definitely find a very honest and good immigration attorney to guide you through this process. Ha, in our case, rather than laying out $30,000.00 for a wedding, besides, we already have a sufficient amount of toasters and clock radios. We laid out a couple of thousand for a good immigration attorney. That was one check I was happy to pay, he got us together.

[Penguin_ie 5,997]

**** Moving from General Immigration to AOS from Student visa as OP is already in the USA *****

[newacct 688]

You don't need an attorney for this unless there are other complications. Overstay is not really relevant in this case.

The main forms you should file are I-130, I-485, (optional but strongly recommended:) I-765 and I-131. Each of them will have many supporting documents (e.g. I-864, I-693 (which you already have), G-325a, etc.). I-130 is filled out from your husband's point of view and the others are filled out from your point of view. You file them all together in the same envelope.

When you start to get things ready, you can post your list of documents and supporting documents on the forums and we can help to see if anything is missing.

[Monday Jones 6]

I came here from colombia and attended school on J1 VISA then changed my status to student here in the states. I finished school in june and got married to the man of my dreams in July after dating for 2 1/2 years. Im afraid that I overstayed my student visa as I am no longer attending school.

Im trying to complete the paperwork and steps alone because we are saving for a house and dont want to spend money on legal help but its a bit overwhelming. I read a few discussions on here but they didn't exactly apply to my situation, Can someone please help guide me as to which forms I need to complete and send together?

So you have overstayed since June? When I married my husband, he had overstayed for nine years or so. I remember only minor questions about this during the interview. (Why did he quit school? Etc.)

I did all the paperwork myself. During the interview, this came up. The interviewer indicated that this was in our favor. I used the guide on this website. For every question I had, several people had already posted about it. I printed the forms out. I highlighted the questions I couldn't answer. I searched those questions (with the form name) to get the answer. I gathered up evidence. Once I had that ready, I recopied the forms very neatly. Then once we had the money, we sent it in. He had the biometrics appointment. We had the interview and was approved on the spot. From the day we sent in the paperwork, he had his provisional green card about 100 days later.

I know the process is big and scary, but the worst part was the waiting.

[Darnell 8,479]

Interesting, that word forgiveness, didn't know that. Our immigration attorney gave us a strict warning about overstaying a visa, even told us about that visa extension form. Even though the vast majority of non-documented people here are due to overstayed visas. Not that many walk across that desert.

And while nothing is done about these overstayed visas, once you apply, you are carrying a red flag.

Would definitely find a very honest and good immigration attorney to guide you through this process. Ha, in our case, rather than laying out $30,000.00 for a wedding, besides, we already have a sufficient amount of toasters and clock radios. We laid out a couple of thousand for a good immigration attorney. That was one check I was happy to pay, he got us together.

Hi Nick ! Why you not tell your fiance about student visa and how to adjust status after marriage? I feel really bad for you two, all that other silliness you went through, instead !!!

Still, that's a lot of storage space for those toasters and clock radios. If yer lass had simply married you and stayed in country, during the first tourist visa visit, you could have filed a CR-2 visa on her son before he aged out, as well...

I feel really, really bad for you and your wife.

Edited August 25, 2013 by Darnell

[Milena1985 0]

Thank you everybody for your help. I just started to fill out the forms!

[Darnell 8,479]

Good For You !!! Let us know when you file stuff, making a new timeline for your account.