H4 to Overstay. Marrying USC, AOS worries!

[IvoryGold 0]

Hello everyone, I have been lurking in immigration forums for a while now as I'm about to go through the AOS process soon, but I am so nervous that I might mess up some things and get denied! We cannot afford a lawyer so we will be doing this ourselves with the help of online resources. There are some info about me that might make me inadmissible and it worries me. I hope y'all can tell me if I have a good case or not. Is there anything below that might get me denied? 

 

1. Came to the US on an H4 (parents had H1B) when I was 17. I94 expired when I turned 21. I'm 26 now, so I have been out of status for 5 years. I neither work nor commit any crime. I've been basically in the shadows. Never left the country.

 

2. Before my H4 i94 expired, I tried to apply for a visitor visa (while i was still in the US) to extend my stay for a few months while I figure out what to do with my situation. It got denied of course as my reason for staying is not for the sole purpose of visiting the country. This denial is something I have to disclose on the i485, right? The denial letter told me to voluntarily leave the country, otherwise I will be subjected to removal proceedings. I have not heard anything after that. This worries me the most. I don't know if I become inadmissible because of this. 

 

3. My boyfriend of 3 years and I are getting married next month, and will apply for the i130, i485, and EAD immediately after, so we will not have much evidence. I do not have an SSN so getting a lot of things is quite impossible. I can't get added on his lease, I'm not sure we can get a joint bank account, etc. We have typical relationship evidences like photos (lots!) and messages (lots too!). Is not being on a lease together a huge red flag? Also, we are doing an elopement and we did not have a formal proposal. We aren't big fans of both of those. Would that make the IO skeptical?

 

4. He hasn't worked a full year yet as he just graduated several months ago and started working after that. He makes a decent amount, but will the fact that he hasn't worked long not satisfy his role as a sponsor? Also, his work is a temporary contract job, but he just got an extension. He has not filed for taxes this year or the previous one.

 

I've read of stories where i485 gets denied even though a couple seems legit. It makes me so nervous! 

 

Sorry if this post is so long, but thank you all so much for your help! Freaking out right now after reading AOS horror stories. 

Edited October 27, 2017 by IvoryGold
Grammar

[shakeyy 78]

1 hour ago, IvoryGold said:

Hello everyone, I have been lurking in immigration forums for a while now as I'm about to go through the AOS process soon, but I am so nervous that I might mess up some things and get denied! We cannot afford a lawyer so we will be doing this ourselves with the help of online resources. There are some info about me that might make me inadmissible and it worries me. I hope y'all can tell me if I have a good case or not. Is there anything below that might get me denied? 

 

1. Came to the US on an H4 (parents had H1B) when I was 17. I94 expired when I turned 21. I'm 26 now, so I have been out of status for 5 years. I neither work nor commit any crime. I've been basically in the shadows. Never left the country.

 

2. Before my H4 i94 expired, I tried to apply for a visitor visa (while i was still in the US) to extend my stay for a few months while I figure out what to do with my situation. It got denied of course as my reason for staying is not for the sole purpose of visiting the country. This denial is something I have to disclose on the i485, right? The denial letter told me to voluntarily leave the country, otherwise I will be subjected to removal proceedings. I have not heard anything after that. This worries me the most. I don't know if I become inadmissible because of this. 

 

3. My boyfriend of 3 years and I are getting married next month, and will apply for the i130, i485, and EAD immediately after, so we will not have much evidence. I do not have an SSN so getting a lot of things is quite impossible. I can't get added on his lease, I'm not sure we can get a joint bank account, etc. We have typical relationship evidences like photos (lots!) and messages (lots too!). Is not being on a lease together a huge red flag? Also, we are doing an elopement and we did not have a formal proposal. We aren't big fans of both of those. Would that make the IO skeptical?

 

4. He hasn't worked a full year yet as he just graduated several months ago and started working after that. He makes a decent amount, but will the fact that he hasn't worked long not satisfy his role as a sponsor? Also, his work is a temporary contract job, but he just got an extension. He has not filed for taxes this year or the previous one.

 

I've read of stories where i485 gets denied even though a couple seems legit. It makes me so nervous! 

 

Sorry if this post is so long, but thank you all so much for your help! Freaking out right now after reading AOS horror stories. 

I can only answer for #2. Yes the denial should be disclosed...

 

 

[Mr Geminian 691]

2 hours ago, IvoryGold said:

1. Came to the US on an H4 (parents had H1B) when I was 17. I94 expired when I turned 21. I'm 26 now, so I have been out of status for 5 years. I neither work nor commit any crime. I've been basically in the shadows. Never left the country.

You entered the country legally which is good.

 

2 hours ago, IvoryGold said:

2. Before my H4 i94 expired, I tried to apply for a visitor visa (while i was still in the US) to extend my stay for a few months while I figure out what to do with my situation. It got denied of course as my reason for staying is not for the sole purpose of visiting the country. This denial is something I have to disclose on the i485, right? The denial letter told me to voluntarily leave the country, otherwise I will be subjected to removal proceedings. I have not heard anything after that. This worries me the most. I don't know if I become inadmissible because of this. 

All denials should be put on the AOS application

 

2 hours ago, IvoryGold said:

3. My boyfriend of 3 years and I are getting married next month, and will apply for the i130, i485, and EAD immediately after, so we will not have much evidence. I do not have an SSN so getting a lot of things is quite impossible. I can't get added on his lease, I'm not sure we can get a joint bank account, etc. We have typical relationship evidences like photos (lots!) and messages (lots too!). Is not being on a lease together a huge red flag? Also, we are doing an elopement and we did not have a formal proposal. We aren't big fans of both of those. Would that make the IO skeptical?

For AOS you will need just marriage certificate as a proof of marriage....all evidence can be provided when called in for AOS interview

 

2 hours ago, IvoryGold said:

4. He hasn't worked a full year yet as he just graduated several months ago and started working after that. He makes a decent amount, but will the fact that he hasn't worked long not satisfy his role as a sponsor? Also, his work is a temporary contract job, but he just got an extension. He has not filed for taxes this year or the previous one.

As a Petitioner, he should put his papers and if his income doesn't match the numbers for Affidavit of Support then he can have more co-sponsors.

 

 

Anyways... you have a complicated case and you will definitely have to go for a experienced immigration lawyer. Good luck.

[IvoryGold 0]

@Aviinashh thank you for your response. So you'd say that I must have a lawyer?

[Mr Geminian 691]

5 minutes ago, IvoryGold said:

@Aviinashh thank you for your response. So you'd say that I must have a lawyer?

Yes definitely...you might have entered legally with a visa but now you have no legal status.

[IvoryGold 0]

@Aviinashh  aww man. I read around here that an overstay is forgiven if you marry a USC and apply AOS, so I assumed it would be a straight forward application with no lawyer needed. I guess we can't apply soon because we'd have to raise the money for the lawyer.

[azblk 338]

8 hours ago, IvoryGold said:

@Aviinashh  aww man. I read around here that an overstay is forgiven if you marry a USC and apply AOS, so I assumed it would be a straight forward application with no lawyer needed. I guess we can't apply soon because we'd have to raise the money for the lawyer.

no lawyer needed. You read the guides on this forum and ask any questions you might have.

[Starkilla09 366]

12 hours ago, Aviinashh said:

Yes definitely...you might have entered legally with a visa but now you have no legal status.

You’re wrong OP doesn’t need a lawyer. She’s not the first overstayer to seek adjustment of status. She entered legally is eligible being an immediate relative of a U.S. citizen.

[Starkilla09 366]

11 hours ago, IvoryGold said:

@Aviinashh  aww man. I read around here that an overstay is forgiven if you marry a USC and apply AOS, so I assumed it would be a straight forward application with no lawyer needed. I guess we can't apply soon because we'd have to raise the money for the lawyer.

You don’t need to raise money for any lawyer. You’re an immediate relative of a U.S. Citizen who entered the U.S. legally and was inspected by an immigration officer so you’re eligible for AOS. What you need to do print out the forms, follow instructions and fill out. You can also come here and ask questions as needed. With that being said there’s just one major hiccup with your situation, that is making sure you were not put in removal proceedings when your change of status application got denied. There’s an extremely high chance you were not as USCIS has always prioritized but removal of criminal aliens, and you didn’t receive any other notice from them asking you to paper for removal proceedings with an immigration judge. If by any chance you were placed even unknowingly, you won’t be eligible to adjust status with USCIS. The removal order will have to be first closed in court by an immigration judge before USCIS will have the authority to be able to adjudicate your AOS.

[IvoryGold 0]

@Starkilla09 thank you, that's what I thought. I've seen people around here who went through AOS as an overstayer without a lawyer. But I really wanted to make sure and write out the exact details of my situation, that's why I asked. 

Yes, that removal proceedings thing is the one that worries me the most. Is there any way for me to find out if I was placed into removal proceedings without me knowing? Or should I just hope that I wasn't placed in it and send in the AOS anyway?

I made a mistake in my original post. I just checked the old denial letter and it didn't tell me anywhere to voluntarily depart or be put in removal proceedings. It told me that IF I was already accruing unlawful presence, I should depart immediately, that's all. They also included a blank Notice of Appeal or Motion form. When that letter was sent, I was already out of status. 

Edited October 27, 2017 by IvoryGold
Spelling

[azblk 338]

54 minutes ago, IvoryGold said:

@Starkilla09 thank you, that's what I thought. I've seen people around here who went through AOS as an overstayer without a lawyer. But I really wanted to make sure and write out the exact details of my situation, that's why I asked. 

Yes, that removal proceedings thing is the one that worries me the most. Is there any way for me to find out if I was placed into removal proceedings without me knowing? Or should I just hope that I wasn't placed in it and send in the AOS anyway?

I made a mistake in my original post. I just checked the old denial letter and it didn't tell me anywhere to voluntarily depart or be put in removal proceedings. It told me that IF I was already accruing unlawful presence, I should depart immediately, that's all. They also included a blank Notice of Appeal or Motion form. When that letter was sent, I was already out of status. 

You can do a FOIA request for your immigration record to be sure you were not put in removal proceedings. I think it is highly unlikely you would be without you knowing about it.

[ty15 43]

At my local office they asked me if I’m out of status and I was not. They told me that if anyone files for AOS out of status one gets fined and has to pay a ridiculous amount of money.

[IvoryGold 0]

2 minutes ago, ty15 said:

At my local office they asked me if I’m out of status and I was not. They told me that if anyone files for AOS out of status one gets fined and has to pay a ridiculous amount of money.

But I would be an immediate relative of a USC and that is not something that makes an immediate relative of a US citizen inadmissible, as long as they were inspected upon entering. I do know of someone who came here illegally and married a USC and had to pay the fine and get a waiver to do AOS. 

[mindthegap 2,610]

3 hours ago, IvoryGold said:

 

Yes, that removal proceedings thing is the one that worries me the most. Is there any way for me to find out if I was placed into removal proceedings without me knowing? 

Yes.

1-800-898-7180

https://www.justice.gov/eoir/customer-service-initiatives

 

You will need your A# 

 

 

 

9 minutes ago, ty15 said:

At my local office they asked me if I’m out of status and I was not. They told me that if anyone files for AOS out of status one gets fined and has to pay a ridiculous amount of money.

USCIS workers talking complete BS.

What a rare occurrence that is.

/sarcasm

 

Edited October 27, 2017 by mindthegap