Where do I start?

[MrsTR 0]

I’m a USC and my husband overstayed on his visiting visa. We got married 6 months ago but haven’t filed any papers yet. 

 

What at would be our first steps?

[Unlockable 7,315]

36 minutes ago, MrsTR said:

I’m a USC and my husband overstayed on his visiting visa. We got married 6 months ago but haven’t filed any papers yet. 

 

What at would be our first steps?

Learn everything there is to know about immigration from beginning to end. DO NOT learn as you go. First he must Adjust status (AOS). While his AOS is being processed, in order for him to work he will need to file for employment authorization (EAD) and if he plans on leaving the country he has to apply for advanced parole (AP). Eventually, will then receive a Conditional Green Card which lasts for 2 years. Which means in 2 years he will  have to Remove those conditions (ROC). Then after 3 years, if you two are still married, he will be eligible for citizenship.

 

Learn every thing involved with AOS, EAD, AP, ROC, and Citizenship. That includes all fees involved, timelines,  appointments, evidence, etc. I know it seems like a lot but it doesn't take too long to learn everything. Use the links below for reference.

 

AOS Guide - https://www.visajourney.com/content/i130guide2

EAD - https://www.visajourney.com/content/k1k3ead

AP - https://www.visajourney.com/content/us-permanent-resident-international-travel

SSI - https://www.visajourney.com/content/ssn

ROC - https://www.visajourney.com/content/751guide

Naturalization - https://www.visajourney.com/content/naturalization_guide

Naturalization - https://www.visajourney.com/content/naturalization_process

 

Edited October 24, 2018 by NuestraUnion

[kid1412 62]

You start by filing form I-130 with USCIS to petition for your husband to be a permanent resident. You can file form I-485 Adjustment of Status, form I-131 Advance Parole, and form I-765 Employment Authorization at the same time. He would get the AP and EAD first, then when I-130 and I-485 are approved then he would get his greencard. You and him will be called for an interview before they approve the I-485 though. 

[MrsTR 0]

19 hours ago, NuestraUnion said:

Learn everything there is to know about immigration from beginning to end. DO NOT learn as you go. First he must Adjust status (AOS). While his AOS is being processed, in order for him to work he will need to file for employment authorization (EAD) and if he plans on leaving the country he has to apply for advanced parole (AP). Eventually, will then receive a Conditional Green Card which lasts for 2 years. Which means in 2 years he will  have to Remove those conditions (ROC). Then after 3 years, if you two are still married, he will be eligible for citizenship.

 

Learn every thing involved with AOS, EAD, AP, ROC, and Citizenship. That includes all fees involved, timelines,  appointments, evidence, etc. I know it seems like a lot but it doesn't take too long to learn everything. Use the links below for reference.

 

AOS Guide - https://www.visajourney.com/content/i130guide2

EAD - https://www.visajourney.com/content/k1k3ead

AP - https://www.visajourney.com/content/us-permanent-resident-international-travel

SSI - https://www.visajourney.com/content/ssn

ROC - https://www.visajourney.com/content/751guide

Naturalization - https://www.visajourney.com/content/naturalization_guide

Naturalization - https://www.visajourney.com/content/naturalization_process

 

Thank you 

[MrsTR 0]

19 hours ago, kid1412 said:

You start by filing form I-130 with USCIS to petition for your husband to be a permanent resident. You can file form I-485 Adjustment of Status, form I-131 Advance Parole, and form I-765 Employment Authorization at the same time. He would get the AP and EAD first, then when I-130 and I-485 are approved then he would get his greencard. You and him will be called for an interview before they approve the I-485 though. 

Thank you. I looked up the forms and got the fees as follows.

 

I-130 - $535
I-485 - $1,140 + $85 
I-864 - $0
I-765 - $410

 

My husband spoke to a friend who said those fees are incorrect because it should be less money but this is what I found on USCIS. 

[geowrian 22,338]

3 minutes ago, MrsTR said:

Thank you. I looked up the forms and got the fees as follows.

 

I-130 - $535
I-485 - $1,140 + $85 
I-864 - $0
I-765 - $410

 

My husband spoke to a friend who said those fees are incorrect because it should be less money but this is what I found on USCIS. 

I-765 is $0 when filed due to an I-485.

Same for the I-131, which I highly suggest sending as well.

[kid1412 62]

24 minutes ago, MrsTR said:

Thank you. I looked up the forms and got the fees as follows.

 

I-130 - $535
I-485 - $1,140 + $85 
I-864 - $0
I-765 - $410

 

My husband spoke to a friend who said those fees are incorrect because it should be less money but this is what I found on USCIS. 

The I-765 is free when you file together with the I-485. Also, as mentioned, you can file I-131 as well (also free if filed together with I-485) that will give you the ability to travel and return to the US before you get your green card. 

 

Also, unless your husband’s friend works at USCIS’s “fee setting” department, I’d tend to trust the USCIS’s website other than him/her.

 

Get all the forms filed and your next step will be prepare for that interview.

 

Edited October 25, 2018 by kid1412

[MrsTR 0]

26 minutes ago, geowrian said:

I-765 is $0 when filed due to an I-485.

Same for the I-131, which I highly suggest sending as well.

Thank you so much!

7 minutes ago, kid1412 said:

The I-765 is free when you file together with the I-485. Also, as mentioned, you can file I-131 as well (also free if filed together with I-485) that will give you the ability to travel and return to the US before you get your green card. 

 

Also, unless your husband’s friend works at USCIS’s “fee setting” department, I’d tend to trust the USCIS’s website other than him/her.

 

Get all the forms filed and your next step will be prepare for that interview.

 

Thank you as well. I appreciate it.