VWP Overstay - Applying for AoS what forms do I need?

[Craigmcd24 0]

I overstayed on the VWP. I have been married to a US Citizen for the past 9 years and we have a 6 year old daughter. I want to finally apply for a green card. I know I should have done this a long time ago but we couldn't find a sponsor and my wife never made enough to do it herself. This has been a real struggle for us but we are finally in a position to get this done.

What forms do I need to file? Do I need to file for I-130 and EAD?

Any help would be appreciated.

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from visitor (VWP) visa~

[Teddy B 17,252]

I overstayed on the VWP. I have been married to a US Citizen for the past 9 years and we have a 6 year old daughter. I want to finally apply for a green card. I know I should have done this a long time ago but we couldn't find a sponsor and my wife never made enough to do it herself. This has been a real struggle for us but we are finally in a position to get this done.

What forms do I need to file? Do I need to file for I-130 and EAD?

Any help would be appreciated.

Follow the guide at the following link: http://www.visajourney.com/content/i130guide2

Overstay shouldn't be a problem. If you have been working illegally during this time that should be forgiven with marriage to a USC. You may however be responsible for back taxes if that applies to you. About the only thing that would cause you problems is if you've ever claimed to be a US citizen on any forms such as a job application or tax forms. That is considered a pretty big no no.

[Craigmcd24 0]

Follow the guide at the following link: http://www.visajourney.com/content/i130guide2

Overstay shouldn't be a problem. If you have been working illegally during this time that should be forgiven with marriage to a USC. You may however be responsible for back taxes if that applies to you. About the only thing that would cause you problems is if you've ever claimed to be a US citizen on any forms such as a job application or tax forms. That is considered a pretty big no no.

I have been a stay at home Dad so I never worked illegally. Thanks for the help!!

[YouAndMeForever 1,022]

I overstayed on the VWP. I have been married to a US Citizen for the past 9 years and we have a 6 year old daughter. I want to finally apply for a green card. I know I should have done this a long time ago but we couldn't find a sponsor and my wife never made enough to do it herself. This has been a real struggle for us but we are finally in a position to get this done.

What forms do I need to file? Do I need to file for I-130 and EAD?

Any help would be appreciated.

The forms you need to submit: I-485, I-130, G-325A, I-864. You can optionally file for EAD (I-765) at the same time too, in case you want to work while your I-485 is pending.

Good luck!

Edited March 21, 2015 by YouAndMeForever