Adjustment of Status for Spouse Who overstayed Visa

[Willallen25 7]

My cousin Married Her husband over 4 months ago. He came here on a tourist Visa and He overstayed it for 2 years. She's trying to file an Adjustment of Status for him through a Lawyer, but I feel The Lawyer is asking for too much and wanted to see if She could do it without a Lawyer. In this case, Would She be able to file for Him? Also would They have to have other forms besides I-485? What would they need? What should they do? Thanks. 

[KazuriSana 324]

10 minutes ago, Willallen25 said:

My cousin Married Her husband over 4 months ago. He came here on a tourist Visa and He overstayed it for 2 years. She's trying to file an Adjustment of Status for him through a Lawyer, but I feel The Lawyer is asking for too much and wanted to see if She could do it without a Lawyer. In this case, Would She be able to file for Him? Also would They have to have other forms besides I-485? What would they need? What should they do? Thanks. 

 

Overstay is forgiven. If she knows English and can follow the simple instructions for the forms, no need for a lawyer.

[geowrian 22,338]

Overstay is not a bar to adjustment of status as an immediate relative of a US citizen.

 

Read all the forms and instructions. Re-read and ask questions until you understand everything.

Guide: http://www.visajourney.com/content/i130guide2

[Cyberfx1024 7,980]

1 hour ago, Willallen25 said:

My cousin Married Her husband over 4 months ago. He came here on a tourist Visa and He overstayed it for 2 years. She's trying to file an Adjustment of Status for him through a Lawyer, but I feel The Lawyer is asking for too much and wanted to see if She could do it without a Lawyer. In this case, Would She be able to file for Him? Also would They have to have other forms besides I-485? What would they need? What should they do? Thanks. 

As long as your cousin's husband entered Legally and the marriage is legitimate then they will have no problem doing AOS. Also they should not have to use a lawyer if it is just a simple case like this. Just have them use visajourney and they should be fine. 

[old-fella 109]

As the guy married US citizen and as you said he entered with some sort of visa to begin with, there shouldn't be an issue for AOS

 

If you guys can invest 1 hr a day researching and reading you will be way better off filing on your own. We all did ourself here. Lawyer dont have magic wand and they tend to screw things (as far as i have seen here in VJ)

 

[Mel40 0]

i130i485-Checklist.doc

[geowrian 22,338]

7 hours ago, Mel40 said:

i130i485-Checklist.doc

I would not suggest using this checklist as it lacks a lot of context necessary to make proper use of it:

• Who can use it?
• When / under what conditions should it be used?
• What statuses qualify for AOS?
• Who qualifies for concurrent filing of the I-130 + I-485?
• Optional forms (EAD/AP/G-1145) are highly recommended but not noted or explained why to use them.
• Many documents do not apply to most situations.
• Some documents noted are unnecessary.
• Financial sponsorship information for I-864 is lacking.

It also has a number of mistakes:

• If petitioning a spouse, an I-130A is required.
• First section is an I-130 checklist, not I-485 checklist.
• It refers to INS requirements. The INS has not existed for over a decade.
• Duplicate entries.
• Refers to I-94 card, whereas I-94s are electronic now. I-94 cards would only apply to people who entered prior to 2013 or so.

[azblk 338]

1 hour ago, geowrian said:

I would not suggest using this checklist as it lacks a lot of context necessary to make proper use of it:

• Who can use it?
• When / under what conditions should it be used?
• What statuses qualify for AOS?
• Who qualifies for concurrent filing of the I-130 + I-485?
• Optional forms (EAD/AP/G-1145) are highly recommended but not noted or explained why to use them.
• Many documents do not apply to most situations.
• Some documents noted are unnecessary.
• Financial sponsorship information for I-864 is lacking.

It also has a number of mistakes:

• If petitioning a spouse, an I-130A is required.
• First section is an I-130 checklist, not I-485 checklist.
• It refers to INS requirements. The INS has not existed for over a decade.
• Duplicate entries.
• Refers to I-94 card, whereas I-94s are electronic now. I-94 cards would only apply to people who entered prior to 2013 or so.

I looked at it too. Seems very old and inaccurate.

[little immigrant 801]

9 hours ago, Mel40 said:

i130i485-Checklist.doc

http://www.visajourney.com/content/i130guide2

 

[Boiler 46,242]

If someone can not even ask their own questions I doubt they could do this themselves.

[tato2017 41]

this should help filing AOS;

 

Form I-130 Completed and signed form by Petitioner (U.S. Citizen).
Form I-130A Completed and signed by spouse beneficiary.
A personal check or Money Order amount of $535 made out to U.S. Department of Homeland Security.
https://www.uscis.gov/forms/our-fees

Two-passport style photo of U.S. Citizen with full name on the back and name on plastic bag.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of U.S. Citizen`s Birth Certificate or Passport Biographical Page, or Naturalization Certificate.
Copy of U.S. Citizen`s Driver License or Passport Biographical Page.
Copy of Marriage Certificate.
Copy of Divorce Decree (If you are divorced previously).
Copy of beneficiary`s passport biographical page.
Copy of beneficiary`s most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

Evidence Showing Bona Fide Marriage:
 ☐ Joint IRS Tax Return Transcripts (if you have it).

 ☐ Birth Certificate of your children (if you have any).

 ☐ Joint Lease or Mortgage showing joint tenancy (if you have it).

 ☐ Joint Bank Statements. (Checking, Saving, Credit Cards etc.).

 ☐ Joint Utility Bills (Or Utility Bills showing the same address for each spouse)

 ☐ Joint Cell Phone Bills.

 ☐ Joint Car title.

 ☐ Joint Car Insurance.

 ☐ Life insurance showing each other as beneficiary.

 ☐ Retirement accounts showing each other as beneficiary.

 ☐ Health, dental Insurance showing you are on one another plan.

 ☐ Photographs (Weddings, Trips, Family gatherings, Friends)

 ☐ Affidavits from your family, friends having personal knowledge of your bona fide marriage.

 Form I-485 Completed and Signed by Beneficiary (Alien Applicant).
A personal check or Money Order amount of $1225 made out to U.S. Department of Homeland Security. (Including biometric fee).
Copy of foreign birth certificate for beneficiary accompanied by full-certified translation.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary`s passport nonimmigrant visa page (if you have)
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of beneficiary most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

Copy of Marriage Certificate.
Copy of Divorce Decree (If you are divorced previously).
 Form I-693, Report of Medical Examination and Vaccination Record (sealed by civil surgeon)
“You do not need to send with your initial application but you need have it with you during the interview”
Form I-864, Affidavit of Support Under Section 213A of the INA:
 ☐ Petitioner copies of IRS federal income tax return transcripts for the last one year (Optional last 3 years).
 ☐ Copies of Petitioner`s W2`s or 1040`s forms.

 ☐ Copies of Petitioner`s pay stubs.
 ☐ A letter of employment verification for the petitioner.

 
Form I-765 Completed and Signed by Beneficiary.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

*No Filing Fee is required for I-765 since it is being submitted along with I-485.

Form I-131 Completed and Signed by Beneficiary.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary most recent I-94.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

 

 

 

[azblk 338]

6 hours ago, Boiler said:

If someone can not even ask their own questions I doubt they could do this themselves.

valid point.  I see a lot of asking for a friend, brother and cousin type of questions on here and I always wonder why they don't have accounts and ask for themselves.

[PollyC 119]

I copied my cover letter for your reference so you can see what you need to send to USCIS

 

1. Form I-130 (Petition for Alien Relative)

1.     Money order for $535.00 to cover the filing fee;

2.     Two (2) passport-style photos of the petitioner

3.     Two (2) passport-style photos of the beneficiary;

4.     Completed form G-1145 (E-Notification of Application/Petition Acceptance);

5.     Completed and signed Form I-130 (Petition for Alien Relative);

6.     Completed and signed Form I-130A (Supplemental Information for Spouse Beneficiary);

7.     Copy of petitioner’s birth certificate & passport;

8.     Copy of beneficiary’s birth certificate & passport;

9.     Certified copy of the Marriage certificate;

10.  Evidence of bona fide marriage.

 

2. Form I-485 (Application to Adjust Status)

The documents listed below are enclosed:

a.   Money order in the total amount of $1,225 (separated in two money orders due to the maximum amount per money order is $1,000);

b.   Two (2) passport-style photos of the beneficiary;

c.   Form I-485 signed by the beneficiary;

d.   Copy of the beneficiary’s passport (biographical page);

e.   Copy of the beneficiary’s birth certificate;

f.    Copy of the beneficiary’s Nonimmigrant visa & entry stamp page;

g.   Copy of the beneficiary’s I-94;

h.   Certificate copy of Marriage Certificate

 

3. Form I-864 (Affidavit of Support)

The documents listed below are enclosed:

a.   Form I-864 signed by the petitioner;

b.   Copy of the petitioner’s passport (biographical page);

c.   Copy of the petitioner’s birth certificate as proof of U.S. citizenship;

d.   Copy of petitioner’s tax account transcript (from IRS) for year 2015 - year 2017 and Form W-2;

e.   Pay stubs

 

4. Form I-765 (Application for Employment Authorization)

The documents listed below are enclosed:

a.   Money order in the total amount of $410;

b.   Two (2) passport-style photos of the beneficiary;

c.   Form G-1145 (E-Notification of Application/Petition Acceptance);

d.   Form I-765 signed by the beneficiary

e.   Copy of the beneficiary’s passport (biographical page)

 

5. Form I-131 (Application for Travel Document)

The documents listed below are enclosed:

a.   Two (2) passport-style photos of the beneficiary;

b.   Form G-1145 (E-Notification of Application/Petition Acceptance);

c.   Form I-131 signed by the beneficiary;

d.   Copy of the beneficiary’s passport (biographical page);

e.   Copy of the beneficiary’s I-94

 

 

[876girl 6]

On 6/29/2018 at 1:24 PM, tato2017 said:

this should help filing AOS;

 

Form I-130 Completed and signed form by Petitioner (U.S. Citizen).
Form I-130A Completed and signed by spouse beneficiary.
A personal check or Money Order amount of $535 made out to U.S. Department of Homeland Security.
https://www.uscis.gov/forms/our-fees

Two-passport style photo of U.S. Citizen with full name on the back and name on plastic bag.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of U.S. Citizen`s Birth Certificate or Passport Biographical Page, or Naturalization Certificate.
Copy of U.S. Citizen`s Driver License or Passport Biographical Page.
Copy of Marriage Certificate.
Copy of Divorce Decree (If you are divorced previously).
Copy of beneficiary`s passport biographical page.
Copy of beneficiary`s most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

Evidence Showing Bona Fide Marriage:
 ☐ Joint IRS Tax Return Transcripts (if you have it).

 ☐ Birth Certificate of your children (if you have any).

 ☐ Joint Lease or Mortgage showing joint tenancy (if you have it).

 ☐ Joint Bank Statements. (Checking, Saving, Credit Cards etc.).

 ☐ Joint Utility Bills (Or Utility Bills showing the same address for each spouse)

 ☐ Joint Cell Phone Bills.

 ☐ Joint Car title.

 ☐ Joint Car Insurance.

 ☐ Life insurance showing each other as beneficiary.

 ☐ Retirement accounts showing each other as beneficiary.

 ☐ Health, dental Insurance showing you are on one another plan.

 ☐ Photographs (Weddings, Trips, Family gatherings, Friends)

 ☐ Affidavits from your family, friends having personal knowledge of your bona fide marriage.

 Form I-485 Completed and Signed by Beneficiary (Alien Applicant).
A personal check or Money Order amount of $1225 made out to U.S. Department of Homeland Security. (Including biometric fee).
Copy of foreign birth certificate for beneficiary accompanied by full-certified translation.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary`s passport nonimmigrant visa page (if you have)
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of beneficiary most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

Copy of Marriage Certificate.
Copy of Divorce Decree (If you are divorced previously).
 Form I-693, Report of Medical Examination and Vaccination Record (sealed by civil surgeon)
“You do not need to send with your initial application but you need have it with you during the interview”
Form I-864, Affidavit of Support Under Section 213A of the INA:
 ☐ Petitioner copies of IRS federal income tax return transcripts for the last one year (Optional last 3 years).
 ☐ Copies of Petitioner`s W2`s or 1040`s forms.

 ☐ Copies of Petitioner`s pay stubs.
 ☐ A letter of employment verification for the petitioner.

 
Form I-765 Completed and Signed by Beneficiary.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

*No Filing Fee is required for I-765 since it is being submitted along with I-485.

Form I-131 Completed and Signed by Beneficiary.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary most recent I-94.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

 

 

 

I know each form is separate but is the copy of the same things necessary for each? For instance can i just send one copy of the passport biographical page for all 3 forms. 

[A&H2018 148]

26 minutes ago, 876girl said:

I know each form is separate but is the copy of the same things necessary for each? For instance can i just send one copy of the passport biographical page for all 3 forms. 

 

Nope, paperwork gets lost. Do not take shortcuts.