Married in the US for eight years but never filed

[LBeachey 45]

I completely agree that if possible she should avoid leaving the US until she has completed the AOS process, and I believe the OP said that it's out of the question anyway. But life is unpredictable and emergencies happen, so given that the fees for the I-131 are waived when filed with an I-485, applying for it does no harm.

Based upon the below thread, if your were out of status due to an overstay, the AP could be approved and you still may be denied reentry due to the overstay. I agree we are discussing hypotheticals but I don't think the OP could leave and renter even with an approved Advanced Parole if something unpredictable happens.

http://www.visajourney.com/forums/topic/346469-approved-i-131-should-i-travel/

[Elf 146]

Based upon the below thread, if your were out of status due to an overstay, the AP could be approved and you still may be denied reentry due to the overstay. I agree we are discussing hypotheticals but I don't think the OP could leave and renter even with an approved Advanced Parole if something unpredictable happens.

http://www.visajourney.com/forums/topic/346469-approved-i-131-should-i-travel/

Based on a BIA ruling from a few years ago, Matter of Arrabally and Yerrabelly. someone who has received AP based on being an AOS applicant no longer triggers the overstay bars if they depart the US under AP.

The Foreign Affairs Manual says

9 FAM 40.92 N2.2 INA 212(a)(9)(B)(i)(II) Departure At Any Time

The 10-year bar under INA 212(a)(9)(B)(i)(II) does not contain the same language as the three-year bar under INA 212(a)(9)(i)(I) relating to the alien having departed voluntarily prior to commencement of removal proceedings. Thus, an alien who departs the United States after having been unlawfully present for a period of one year or more subsequent to April 1, 1997, is barred from returning to the United States for 10 years, whether the departure was before, during, or after removal proceedings and whether the alien departed on his or her own initiative or under removal order. The one exception to this rule (see also INA 212(a((9)(B)(v)) is that an alien cannot become inadmissible under INA 212(a)(9)(B)(i)(II) solely by virtue of a departure and return to the United States undertaken pursuant to a valid grant of advance parole based on the alien’s pending application for adjustment of status. Note that this does not preclude a trip under a grant of advance parole from being considered a “departure” for any other purposes under the INA, nor does it call into question the applicability of any other inadmissibility ground. On the contrary, it is well settled that an alien who leaves the United States and returns under a grant of advance parole is subject to those grounds of inadmissibility that may apply, rather than grounds of deportability, once parole is terminated. (See Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012.)

I agree that it would still be risky, because there's no guarantee that the CBP official you encounter on re-entry will be aware of that ruling, and because the AP doesn't protect you from being barred from re-entering on any other grounds of inadmissibility. But in a hypothetical emergency, overstay alone is not a bar to re-entry for an individual who has been granted AP on the basis of AOS.

[Zahar 0]

OK my wife has been pulled over and went to court and paid her fine.. No issues.. she renewed her license no issues.. she obtained it while on her b2 visa which expired in 2011.. so maybe it legal maybe not but she is not legal..lol so i am going to file a I-130 the I-485 the I-864 from me the USC and a sponser (my parents) and the I-131. should i file for the I-765 since she will not be working..shes a stay at home mom.. and should i file all these together and send a check or money order? Ive never done this before and wonder what is the best way to go about it? Plus I or we have no bank accts or bills for that matter we live in a spiritual commune. So the I-485 is $1070 and the I-130 is $435 or something like that.. any other major fees? when do i get the medical exam and then whats the next fee?

[Zahar 0]

ON the medical is there a way to get an exeption on vaccinations? religious or otherwise?

[Transborderwife 4,666]

You can apply for a waiver which is costly, time consuming and not guaranteed to pass

[Elf 146]

so i am going to file a I-130 the I-485 the I-864 from me the USC and a sponser (my parents) and the I-131. should i file for the I-765 since she will not be working..shes a stay at home mom.

As there's no fee for filing the I-765 as part of the concurrent filing package, I would go ahead and file it. Even if your wife doesn't need it for employment, it'll be official proof that she's legally present in the US while she's waiting for her green card interview. The I-797 notice that USCIS has received your application is also proof of legal presence, but it's a whole lot easier to carry around a credit-card-sized piece of plastic than a letter, and I suspect that people unfamiliar with immigration would accept it more readily. If you file both the I-131 and the I-765, she will receive a single "combo card" that acts as both her employment authorization card and her advance parole card.

should i file all these together and send a check or money order? Ive never done this before and wonder what is the best way to go about it?

Yes, you file them all together. You can send a single check or two separate checks (or money orders). We sent a single check with no problems, but I believe most people send a check for the I-130 fee and another check for the I-485 fee, to avoid any confusion,

The VJ Guide is very helpful when putting your application package together.

Plus I or we have no bank accts or bills for that matter we live in a spiritual commune.

USCIS is looking for evidence that you have a genuine marriage. They expect to see cohabitation, financial comingling, shared responsibility for liabilities, shared/joint assets etc as those are things that almost all married couples acquire as part of their life together.

Because your situation is unusual, you're going to have to come up with other documentary evidence that the two of you are in a bona fide marriage. The length of your relationship and the fact that you have several children together will probably be in your favor, but USCIS is still going to want to see pieces of paper indicating that your lives are intertwined to the degree that is typical of a married couple, and that show trust in one another and mutual responsibility for your shared lives.

Some possibilities, given that you are employed and you both drive:

• Joint tax returns
• Joint health/auto/home insurance
• Shared lease/mortgage for your home (if your home is provided by the commune, perhaps they have some official documentation indicating that Property X is occupied by Zahar, Zahar's Wife and their children? Even communes can't run without some kind of administrative records.)
• Joint ownership/registration of car or cars
• Invoices/receipts showing joint purchase of major items such as furniture
• Life insurance showing spouse as beneficiary
• Pension documents showing spouse as beneficiary
• Copies of wills showing spouse as beneficiary
• Medical Powers Of Attorney listing spouse as agent
• Joint memberships (gym, AAA, local clubs/associations, Costco, even a CSA subscription - anything where you have a shared or family membership and pay fees/dues)
• Cellphone bills, if you have a family plan?
• Documents showing that you are listed with employers, doctors etc as each other's emergency contact

For the interview, in addition to your wedding photos and photos of the two of you with family and friends over the course of your relationship, you could bring a selection of photos of all of you together as a family at significant moments - baptism or similar ceremony for each new baby, weddings of one or more of your siblings, major holidays such as Christmas or its equivalent in your own religious tradition. Choose photos that tell the story of your marriage and your growing family.

any other major fees? when do i get the medical exam and then whats the next fee?

You're not required to submit the medical exam results with the initial application package, although I think most people do. Medical exam results are valid for 12 months from the date of the exam so if the field office that processes your application is heavily backlogged, it's possible that they'll become invalid before the date of your interview, in which case USCIS would require your wife to get a second medical exam. Most offices are processing AOS applications more quickly than that, so I would get the medical exam done shortly before you're ready to submit the initial application. You can find a list of local civil surgeons at the USCIS site.

As for vaccination waivers, here's what the USCIS site says:

Q. What will happen if I refuse to receive one or all of the required vaccines?

A. Tell the civil surgeon if you do not wish to receive the required vaccines or a particular vaccine. You should also tell the civil surgeon the reason you do not wish to receive the vaccine(s). In this case, a waiver may be available to you, but only under the following circumstances:

• You are opposed to vaccinations in any form– that is, you cannot obtain a waiver based on an objection only as to one vaccination
• Your objection must be based on religious beliefs or moral convictions; and
• The religious or moral beliefs must be sincere.

The form used to apply for a waiver depends on the adjustment category under which you are seeking legal permanent residence status. For example, refugees and asylees seeking adjustment of status should file Form I-602, Application by Refugee for Waiver of Grounds of Excludability. Individuals seeking adjustment of status as a result of an approved Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker, would file Form I-601, Application for Waiver of Grounds of Inadmissibility.

The filing fee for the I-601 is $585, processing time is unpredictable but I've seen estimates of at least six months, and there's no guarantee that the waiver will be granted. If you refuse vaccinations and cannot get an I-601 waiver, your adjustment application will be denied. The requirements for adults are fairly limited anyway and she may have received most of the required vaccines as a child and be able to prove immunity via a blood titer. I believe the only vaccinations considered age-appropriate for adults under age 65 are Tdap, MMR, Varicella and Flu (during the annual flu season). There are exemptions if there is a valid medical reason for not getting a specific vaccination, e.g. if you're severely allergic to an ingredient in the vaccine and there is no available equivalent; you'd discuss that with the civil surgeon at the medical and he/she would note on the report that the vaccination is medically contraindicated.

[Jawaree 718]

In NY if she has a renewed license it may be legit, and they not always ask for

ledal status proof to renew. OP will need a co-sponsor (family or friend will do)

File ASAP , she should not leave the country until dhe have GC, if a real emergency

arrives during the process she can apply gor AP with proof

[NikLR 13,232]

You need to find a way to file. Your wife has been an illegal alien since she overstayed her initial stay. The expiration date on her B2 became irrelevant when she overstayed any visa.