very long overstay help needed

[kattt 0]

Hi,
Let me try to explain the best way possible, , but I need some advice on my step father who is 52 years old from England and my mother 62 , he came to USA 11 years back this year in 2004 back on a visa waiver card for holiday , to see my mother whom he met on the internet 12 months before ,things happened so quickly and he stayed and married my mother 3 months later he no intentions of overstaying and did not think at the time and if he known what was going to happen over the next 10 years ,he said he have gone back and sorted it out the right way but things went quickly and sometimes life gives you an opportunity and you got to do it, they been happily married now for the last 10 years and since that time , they have struggled to find and save up the money to get his aos papers due to financial,difficulties due to mother been out of work 4 out of the 10 years, illness 2-3 times my mother had to go in hospital for 1-2 weeks at a time and that knocks things back months and months at a time and with ,medical bills etc the money was used for that what they saved so far ,and car bills etc etc etc ,, in general its been one of those things in life that would not sort it self out they use to save money and them something went wrong and had to use the money they saved to sort it , until now , now they have finally manage to save the money ($1500) hope that's enough , and was wondering what's best action for them now , he as not worked nor done nothing wrong since been here only thing he done wrong is not sorted his aos papers out and overstayed this long , its just been very upsetting all these years for both of them and frustrating specially my mother whom is not in good health now but still works to keep things going they been happily married 10 years now and I don't know what she do if anything happens and he had to go back due to overstayed this long , he's a good man that would not hurt anyone and never been in trouble in his life not even in England ,they just want everything to be right but (money ) as been the biggest issue here and now finally they got the money and now I asking what's best thing to do for them and will he be able to still fill in the aos papers even after all these years being here.,
Any help and advice would be appreciated Ty,
kattt

[S_R 148]

Hi Kattt, Welcome.

I believe overstays are forgiven for spouses of US citizens as long as he has not left the country. Gather up the paper work and begin the process of filing the I-130. The guides here should be much help for a DIY. I'm sure others will chime in to clarify if i got anything wrong. Bottom line: Nothing to worry about in my humble opinion.

[Boiler 45,584]

He could have been working for the last 10 years so money would not have been tight but I agree file and adjust. Medical likely to be the biggest cost variable and sounds like they will need a co sponsor.

[Nich-Nick 3,354]

Their guide is here http://www.visajourney.com/content/i130guide2

Mother or a joint sponsor needs to make around $20,000 per year for the Affidavit of Support.

[kattt 0]

Thank you all for your replys ,so he should be ok to fill the forms out and send them in ,

s-r -so he needs to fill the I-130 first , and send that off before the rest of the forms ???

boiler - only work he has done if you can call if work was help look after my mothers sister for a few years until she pass away 3 years back , and then help babysit my children when they moved closer to where we live now ,

so the forms he needs to fill in are the

I-130 first (again does he need to send that off first before the others)

I-485

I-765

G-325A

and

i-864

again thank you for the information.

kattt

[Nich-Nick 3,354]

The I-130 petition form is sent alone when the spouse lives in another country and is seeking a visa.

When both are already in the US, the spouse petition I-130 is filed together with the adjustment of status and work authorization forms and all mailed together.

Be careful to read the instructions, fees, and requirements for each part and treat them like separate applications. Some may each ask for the same documentation as another

1. I-130 petition and all documentation and forms associated with it like G-325A

2. I-485 adjustment of status and all documentation including the I-864 affidavit of support and the I-693 medical exam report which support that application as well as G-325A again.

3. I-765 work authorization and all documentation

Study each carefully so you completely understand all that is required. Every form has separate instructions that need to be read and understood. People give you short answers in forums and aren't a substitute for reading the full government instructions. You don't want to mess this up and get a denial because you didn't supply three excellently complete applications (that get submitted together).

[kattt 0]

thank you nich -nick for your information , we get all the papers and i am sure i be back or stepdad if there any problams , thank again.