i-130 package questions

[vilsde 0]

You might want to check if you husband has ever left the country in the last ten years.. overstays are forgiven if you haven't left the country since you came in on your original visa.. I might be wrong about this next part but if you have overstayed, left and then came back into the country, you will need to file a waiver.

True.

Although if he did come back into the country without a visa/I-94, then he'll need more than a waiver, as the only other way in would be to EWI.

I would guess from what the poster said that he has never left the USA since entering however.

yes DR --- my husband never left US since he came in here over 10 years ago ...and yes - he has I-94 .

So since we are merried (12/06) we are trying to put all the paper work to make him legal here .

I'm almost ready to send I-130 package ...and we are curently working on I-485 ... we can send those at the same time - right ? correct me if im wrong

Edited May 10, 2007 by chojna

[vilsde 0]

I'm more concerned about what chojna hasn't said than what she has said. She is aware of 2 issues - the overstay and the working without employment authorization. Are there any issues that she hasn't mentioned because she doesn't realize that something is a relevant issue?

Yodrak

You might want to check if you husband has ever left the country in the last ten years.. overstays are forgiven if you haven't left the country since you came in on your original visa.. I might be wrong about this next part but if you have overstayed, left and then came back into the country, you will need to file a waiver.

True.

Although if he did come back into the country without a visa/I-94, then he'll need more than a waiver, as the only other way in would be to EWI.

I would guess from what the poster said that he has never left the USA since entering however.

Yodark - what do you mean ? what issues? please give us some examples

[Dr_LHA 3]

Yes, you should definitely send them at the same time, in the same envelope, to the same place (Chicago lockbox).

[vilsde 0]

Yes, you should definitely send them at the same time, in the same envelope, to the same place (Chicago lockbox).

DR ..are you sure? .. I think I-130 goes to Vermont center and I-485 to CHicago ...i have read instuctions last night (for i -130 ) and if you live in NJ you have to send your I-130 application to Vermont ,St Albans center

[Dr_LHA 3]

I'm sure. You should file I-130 and I-485 concurrently (i.e. in the same envelope) to the Chicago Lockbox. Look at my signature, this is exactly what I did.

You would only file I-130 to St. Albans if you were filing it before your I-485. Although you can do this, its quicker, easier and less likely to cause issues if you file concurrently. USCIS and I recommend it!

Edited May 10, 2007 by Dr_LHA

[no name 1]

A 10 year+ overstay is forgiven at AOS?

DAMN.

[Dr_LHA 3]

A 10 year+ overstay is forgiven at AOS?

DAMN.

Oh yes.

I have a person friend, an Irish guy, who lived and worked in the USA for 9 years on after coming on a Visa Waiver and deciding he didn't want to leave. He married a USC after 9 years, file for AOS, and all was forgiven, he got his green card no problem.

Edited May 10, 2007 by Dr_LHA

[Yodrak 7]

chojna,

This is why I suggested that you have a consultation with an immigration attorney to review the facts of your case. To find out if there may be any issues that you are not aware of.

Yodrak

I'm more concerned about what chojna hasn't said than what she has said. She is aware of 2 issues - the overstay and the working without employment authorization. Are there any issues that she hasn't mentioned because she doesn't realize that something is a relevant issue?

Yodrak

Yodark - what do you mean ? what issues? please give us some examples

Edited May 10, 2007 by Yodrak

[no name 1]

A 10 year+ overstay is forgiven at AOS?

DAMN.

Oh yes.

I have a person friend, an Irish guy, who lived and worked in the USA for 9 years on after coming on a Visa Waiver and deciding he didn't want to leave. He married a USC after 9 years, file for AOS, and all was forgiven, he got his green card no problem.

That is utter BULLSH*T.

[Dr_LHA 3]

That is utter BULLSH*T.

The law was specifically written this way so as to not seperate families.

[vilsde 0]

A 10 year+ overstay is forgiven at AOS?

DAMN.

Oh yes.

I have a person friend, an Irish guy, who lived and worked in the USA for 9 years on after coming on a Visa Waiver and deciding he didn't want to leave. He married a USC after 9 years, file for AOS, and all was forgiven, he got his green card no problem.

That is utter BULLSH*T.

Why is bull....? not every one is lucky like you ..my husband is a good man and since he came in here he has pay all the taxes and never ever been on unemployment...also he was trying to get some legal papers during his years here (with visa lottery) but without any luck ...i dont understand your issues deviette... open your mind and be nice to people who has less luck then you .

[Jashley820 0]

A 10 year+ overstay is forgiven at AOS?

DAMN.

Oh yes.

I have a person friend, an Irish guy, who lived and worked in the USA for 9 years on after coming on a Visa Waiver and deciding he didn't want to leave. He married a USC after 9 years, file for AOS, and all was forgiven, he got his green card no problem.

That is utter BULLSH*T.

Why is bull....? not every one is lucky like you ..my husband is a good man and since he came in here he has pay all the taxes and never ever been on unemployment...also he was trying to get some legal papers during his years here (with visa lottery) but without any luck ...i dont understand your issues deviette... open your mind and be nice to people who has less luck then you .

Chojna,

I wouldn't be presumptuous about others' luck/lack thereof on this website. There are many VJ'ers who have been through a ton of ####### throughout their immigration process, and as a new person to this website I would focus more on sorting out your course of action than making personal attacks against others. You have been advised to seek an attourney, but people are still trying to help you. Please be gracious.

[vilsde 0]

A 10 year+ overstay is forgiven at AOS?

DAMN.

Oh yes.

I have a person friend, an Irish guy, who lived and worked in the USA for 9 years on after coming on a Visa Waiver and deciding he didn't want to leave. He married a USC after 9 years, file for AOS, and all was forgiven, he got his green card no problem.

That is utter BULLSH*T.

Why is bull....? not every one is lucky like you ..my husband is a good man and since he came in here he has pay all the taxes and never ever been on unemployment...also he was trying to get some legal papers during his years here (with visa lottery) but without any luck ...i dont understand your issues deviette... open your mind and be nice to people who has less luck then you .

Chojna,

I wouldn't be presumptuous about others' luck/lack thereof on this website. There are many VJ'ers who have been through a ton of ####### throughout their immigration process, and as a new person to this website I would focus more on sorting out your course of action than making personal attacks against others. You have been advised to seek an attourney, but people are still trying to help you. Please be gracious.

Im not the one who said THIS IS BULL... .. person who said that should never replay to my post since he/she was out of topic ...any way i not trying to attack anyone - all i need is a simple help with some applications questions that i have...i dont mean to harm anyone ...if i did - Im sorry ..and im gracious too ...thanks to all who ever respond to my post

Lets stay on the topic from now .

[no name 1]

A 10 year+ overstay is forgiven at AOS?

DAMN.

Oh yes.

I have a person friend, an Irish guy, who lived and worked in the USA for 9 years on after coming on a Visa Waiver and deciding he didn't want to leave. He married a USC after 9 years, file for AOS, and all was forgiven, he got his green card no problem.

That is utter BULLSH*T.

Why is bull....? not every one is lucky like you ..my husband is a good man and since he came in here he has pay all the taxes and never ever been on unemployment...also he was trying to get some legal papers during his years here (with visa lottery) but without any luck ...i dont understand your issues deviette... open your mind and be nice to people who has less luck then you .

Luck has nothing to do with it. It's called respect for the country you live in. Obeying the LAW. Respect for yourself to live your life as a law-abiding citizen.

My husband has done everything legally & yet we were forced to spend time apart in order to do so (as almost all VJers have had to do as well). Your husband has been illegal for over 10 years, and all that will be forgiven. That is a slap in the face to me, who has followed the law my entire life, as has my husband.

[vilsde 0]

A 10 year+ overstay is forgiven at AOS?

DAMN.

Oh yes.

I have a person friend, an Irish guy, who lived and worked in the USA for 9 years on after coming on a Visa Waiver and deciding he didn't want to leave. He married a USC after 9 years, file for AOS, and all was forgiven, he got his green card no problem.

That is utter BULLSH*T.

Why is bull....? not every one is lucky like you ..my husband is a good man and since he came in here he has pay all the taxes and never ever been on unemployment...also he was trying to get some legal papers during his years here (with visa lottery) but without any luck ...i dont understand your issues deviette... open your mind and be nice to people who has less luck then you .

Luck has nothing to do with it. It's called respect for the country you live in. Obeying the LAW. Respect for yourself to live your life as a law-abiding citizen.

My husband has done everything legally & yet we were forced to spend time apart in order to do so (as almost all VJers have had to do as well). Your husband has been illegal for over 10 years, and all that will be forgiven. That is a slap in the face to me, who has followed the law my entire life, as has my husband.

Please stay on the topic