AOS after ESTA overstay

[TeruVince 0]

To cut a long story short (try to cut short), I originally visited the US on an ESTA (I have visited US two times before on esta and stayed a few weeks each time) with the intent to marry my girlfriend and then travel back home to canada and file the CR1. Though due to unfortunate events and poor planning on my part, we were unable to. I was divorcing my ex at the time and the divorce was supposed to go through just before my arrival though ex dragged their feet and there were other processes that dragged it out. So when it came to the end of my 3week stay, i was still not divorced. I initially decided to stay longer since at the time i was being told by my divorce lawyer it was not going to take more time. still was looking good to be divorced and then remarried before my 90days were up. that did not happen. It was a further several months till i was actually dicorced, then there was a further wait till i could remarry. by the time I was able to marry my new wife (who i have known for almost 4 years at this point) I had passed the 90 days, Overstayed. I've been panicing and scared for a long time now. I'm australian, though i have canadian permanent residency, where i live, well...lived for almost 10years previous to this. I love my wife and i cant bare the thought of not seeing here if i have to leave and not return. I'm been trying my best to research this all myself but there is so much conflicting infomation on what i need or should do. I can prove i didnt intend to overstay and i can very much prove its a real marriage. So I going to do the AOS and pray. Apart from the i-130 and the i-485 what else should i fill out?

[Mike E 11,739]

23 minutes ago, TeruVince said:

Apart from the i-130 and the i-485 what else should i fill out?

I assume your wife is a U.S. citizen.

Edited June 6, 2023 by Mike E

[TeruVince 0]

Oh, yes my wife is a US citizen, sorry.

[Mike E 11,739]

Just now, TeruVince said:

Oh, yes my wife is a US citizen, sorry.

Good. So that means,  legally you can file to adjust status. Once you file, you will have authorized presence. 
 

The link I have says to file I-131 to get advance parole. You should do so. However, due to the overstay and potential ban, I would not use it except for emergencies. While the precedent of the decision of Matter of Arrabally and Yerrabelly should protect you, there are urban legends where CBP did not obey the precedent. 

[TeruVince 0]

Alright, Thank you. And yes I certainly don't want to risk any kind of ban. I'm in texas, and my wife is texan if that means anything. When I initially travelled to Canada in 2011 it was so basic, now with all this it feels like I'm having to learn two languages at once.

[Ontarkie 14,215]

~~Moved to AOS from Work, Student and Tourist Visas, from What Visa Do I need- The OP is adjusting status.~~

[Chancy 6,241]

5 hours ago, TeruVince said:

Apart from the i-130 and the i-485 what else should i fill out?

 

I strongly recommend also filing I-765 & I-131.  Submit your I-485 package ASAP while it's still free to file I-765 & I-131 with I-485.

 

Read the AOS guide linked above.  In summary, the forms you and your wife should fill out are: I-485, I-130, I-130A, I-864, I-765, I-131.

 

[Lemonslice 4,831]

Nevermind, missed a detail at first read.

Edited June 6, 2023 by Lemonslice

[TeruVince 0]

Alright so with that guide the list of forms my wife and I need to fill out, with all accompanying paperwork and evidence would be i765, i485, i131, i693, i864, i130?

[Redro 4,611]

2 hours ago, TeruVince said:

Alright so with that guide the list of forms my wife and I need to fill out, with all accompanying paperwork and evidence would be i765, i485, i131, i693, i864, i130?

 

On 6/6/2023 at 3:06 PM, Chancy said:

 

I strongly recommend also filing I-765 & I-131.  Submit your I-485 package ASAP while it's still free to file I-765 & I-131 with I-485.

 

Read the AOS guide linked above.  In summary, the forms you and your wife should fill out are: I-485, I-130, I-130A, I-864, I-765, I-131.

 

 

[TeruVince 0]

So do I not need to fill out i693?

[Redro 4,611]

2 minutes ago, TeruVince said:

So do I not need to fill out i693?

If you want to complete medical you can. Or you can wait for RFE and send it in then. 

[Boiler 45,445]

5 minutes ago, TeruVince said:

So do I not need to fill out i693?

Well you do not fill it in.

 

Strongly recommend you read the guides so you have a basic understanding about the process.

[TeruVince 0]

I fill in part of it, and the Civil Surgeon fills in some as well, I know that. But the guideline of the i-485 package doesnt have any information about the i693, it just lists it as being in the package. That is my basic understanding of it, which is why i'm asking for clarification. And if I can get it done later as part of RFE then i might do that.