AOS due to DOMA after overstaying J1

[dannsca 1]

A bit of background.

I came to the US roughly 10ys ago, on a J1 visa ( which said "Bearer is not subject to two year rule. Two year rule does not apply"). 3-4 months in, i met my now wife, we've been together since, but didnt get married until August/2011-With that said ive been out of status for years now - and we are a same sex couple.

We filed the very same day DOMA was struck down, we filed i130, and had everything ready for the i485, we didnt filed concurrently because DOMA was just struck down and we were uncertain of how things would be handled and didnt want to pay the $1000+ fee unless things were certain.

Also got the medical exam at the end of may/2013, and since we are approaching a year after than, i dont want to have to go thru that one again while still waiting on an answer to the i130.

So, my questions are: How should i go from here, can i just submit the i485 with a copy of the NOA1 from the i130?

And in any case, whats the next step after the i130 approval? (hoping it gets approved) I read somewhere to contact NVC and get the case back to USCIS?

Any help would be appreciated. Thank you so much in advance!

[h13rma 35]

As long as you entered legally, AOS overstay by the spouse of a US citizen is forgiven.

[Hypnos 6,576]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

In lieu of an I-130, just include a copy of the NOA for the I-130 you have already filed. The I-693 medical, provided it is submitted concurrently with the I-485 and you have no class A or B medical conditions (other than a class B condition noted under "other medical conditions") stays valid for as long as USCIS take to adjudicate the I-485, as long as you submit it within a year of the civil-surgeon's certification.

Your overstay is not penalised at adjudication since you're an immediate relative of a US citizen.

Edited February 3, 2014 by Hypnos

[dannsca 1]

h13rma i did entered legally, and had to get a copy of the card (i102) due to 'washing' my passport and pretty much destroying the original

[venusfire503 54]

Make sure you don't leave the country until you get status!

[Harpa Timsah 13,258]

Once you file the I-485 with a copy of the I-130 as Hypnos outlined, your I-130 will be matched up with the I-485 and they will be adjudicated together.

[Ontarkie 14,223]

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from Adjustment of Status (Green Card) from Family Based Visas~~