ESTA overstay after marriage, and application questions

[Evotistical 0]

Hello,

New to the community, so here goes:

My Girlfriend (now spouse) from Ireland and I (A US Citizen) just recently got married 4 days ago, and she is on her ESTA (Class-WT Tourist) visa, which expires in 2 days. I am a handyman and I don't make a lot so I am under the poverty level by $2000 a year. Everyone told us to have her cancel her plane ticket (which we did). We are now beginning our quest filling out all of the paperwork, but a lawyer is beyond our cost, and we are paying for the fees with my tax return, and whats left of her savings.

 

My questions are:

1.) Is our issue time sensitive?

2.) Is there any fines associated with filing after her visa expires (it expires in 2 days)

3.) I reside in phoenix, but do I mail the completed I-130,  I-485, I-864 all to the Chicago office? How do I pay the fees for the "lockbox"? 

4.) Do I just file the initial filing and wait, or do I be proactive and file a I-765 and a I-131 all at the same time as the initial filing?

5.) Is there a way to reduce the fees associated?

6.) Alot of the forms require bio-metrics fees, does my spouse only need to complete the bio-metrics once?

7.) My mother that doesn't live with me but lives with my stepdad(who might not want to sponsor us) and son; is willing to joint sponsor my wife, but she doesn't live with me. Does she file a I-864 and my step dad file a I-864a? If my stepdad decides to help does he file a I-864? Does he need to file a I-864?

8.)Does the I-131 need to be filed with the initial application?

 

Thanks for any Info!

Edited June 1, 2017 by Evotistical

[Transborderwife 4,666]

~~moved from IR1 to AOS from Tourist visa forum as OP is looking to AOS.~

 

ok to answer your questions:

 

1.  She will likely be out of status and deportable.  Just an FYI those who came in on VWP have no grounds for appeal should they be refused.

2. No

3. See the guides section on this forum

 

4. Yes

 

5. Nope

 

6.  Correct 

 

7.  Don't quite understand this one

 

8. Need no, but without it she can't leave before obtaining a greencard which could be over a year 

Edited June 1, 2017 by Transborderwife

[A'n'L 735]

1) Yes and no. Until you've filed, she will be out of status and in theory deportable (rarely happens unless she gets herself in trouble), but the overstay will be overlooked once you file the AOS package.

 

2) No

 

3) Yes. You include a check or money order made out to US Department of Homeland Security in the package.

 

4) You will want to file the i765 and i131 with the initial package. Once approved (much faster usually than the GC), they will allow her to work and travel abroad. They are also free to file with a pending i485.

 

5) No

 

6) Yes

 

7) One of your parents can file i864 and the spouse can file i864a if you want to include their income. 

 

8) It's best, for a timely process, but can also be filed later.