AOS Questions For An Overstayed Guest

[Mister Ecua 0]

It all started here

So as you can see, I have found myself to be (as I see it) in a sticky situation.

I picked up a I-485 (I believe this to be the correct form that I need to fill out) and have a few questions about the app. I expected the application not say "this application can be used for those who are a spouce to a united states citizen and have overstayed their tourist visa by more than 180". Although people here have told me that my fiance (very soon to be wife) can apply for AOS (after marriage of course), it states in the application, under "who is not eligble to adjust status", "you are no eligible for adjustment of status if your authorized stay expired before you filed this application". I am a little afraid after reading this to even submit this app. People here were also say that my fiance (again, very soon to be wife) can be forgiven for her overstay? Now my first question is, is their a process for forgiveness? how do we go about even asking for forgiveness? or is this automatically assumed when filing?

Questions about filing out the application:

Part 1.

-What is an "A #"? (i know this may not apply to her)

-how do i know what her "current USCIS status" is?

-it ask for "expires on", are talking about the I-94? and if so, do I put the already expired date down?

Part 2.

-I don't even see where she even fits in any of the check boxes, so I am assuming that I have to check the "other" box (h.), but what do I write in the blanks?

Part 3.

sec. B

-do I enter her daughter's name who is currently in Peru w/o a visa? or do I leave it blank and just fill out the I-130 (or both)?

Are any of these forms available in spanish?

[Killer_Clown_2009 0]

It says it somewhere on the AOS application that a spouse of a USC can apply even with an overstay. You don't need to ask for forgiveness - it is automatic. No extra forms are required or fees.

Her current status would be the status she last entered the US with, ie: Tourist

The expiry date is the date her visa or I-94 expired.

For part, you check "A". It doesn't sound right, but it is the correct answer. She is afiling for AOS based on the I-130 petition that you will be concurrently filing and that gives her an immediate visa number.

I'm not sure what you would do about her daughter.

We filled out a seperate I-130/I-485 for both myself and my son (although he was here in the US at the time).

Edited March 16, 2007 by jane2005

[Dr_LHA 3]

Now my first question is, is their a process for forgiveness? how do we go about even asking for forgiveness? or is this automatically assumed when filing?

There isn't really a "forgiveness", and there's no form to fill out. As long as your wife entered the country legally and has a I-94, she can file for AOS. The law states that USCIS cannot use the fact that a person has overstayed a visa or worked illegally, if they are married to a USC, as a reason to deny AOS. This is what people mean by "forgiveness".

-What is an "A #"? (i know this may not apply to her)

She doesn't have one. Put "None".

-how do i know what her "current USCIS status" is?

Out of status.

-it ask for "expires on", are talking about the I-94? and if so, do I put the already expired date down?

Put the expiry date, even if it is in the past.

-I don't even see where she even fits in any of the check boxes, so I am assuming that I have to check the "other" box (h.), but what do I write in the blanks?

As Jane says, you tick "A" here. You have to file I-130 for your wife, which gives your wife an immidiately available visa number, and your wife has to file I-485. Both go in the same envelope by the way.

Are any of these forms available in spanish?

No.

Edited March 16, 2007 by dr_lha

[athena_ny 1]

Most of your questions have already been answered, but - none of the forms are in Spanish and any documents in Spanish (birth certificates, etc) must be translated into English with a translator certification (there's one in the guides, you can translate yourself as well). This would mean her birth certificate from Peru, and if you were born in another country (your name leads to be believe your family is from Ecuador, if it's not, sorry!) - that's all we had as far as translations, and did it ourselves.

It all started here

So as you can see, I have found myself to be (as I see it) in a sticky situation.

I picked up a I-485 (I believe this to be the correct form that I need to fill out) and have a few questions about the app. I expected the application not say "this application can be used for those who are a spouce to a united states citizen and have overstayed their tourist visa by more than 180". Although people here have told me that my fiance (very soon to be wife) can apply for AOS (after marriage of course), it states in the application, under "who is not eligble to adjust status", "you are no eligible for adjustment of status if your authorized stay expired before you filed this application". I am a little afraid after reading this to even submit this app. People here were also say that my fiance (again, very soon to be wife) can be forgiven for her overstay? Now my first question is, is their a process for forgiveness? how do we go about even asking for forgiveness? or is this automatically assumed when filing?

Questions about filing out the application:

Part 1.

-What is an "A #"? (i know this may not apply to her)

-how do i know what her "current USCIS status" is?

-it ask for "expires on", are talking about the I-94? and if so, do I put the already expired date down?

Part 2.

-I don't even see where she even fits in any of the check boxes, so I am assuming that I have to check the "other" box (h.), but what do I write in the blanks?

Part 3.

sec. B

-do I enter her daughter's name who is currently in Peru w/o a visa? or do I leave it blank and just fill out the I-130 (or both)?

Are any of these forms available in spanish?

[notrepetiteashley 0]

I think you will find the situation is not as sticky as you think. I mean, yeah it's not as cut and dry as some cases, but neither was ours and we were approved. I'm not saying it wasn't stressful, but hey, it's worth it. Love is always worth it, as I'm certain you know. If you need support, I'm here for you. I know what it's like to freak out about filing AOS, believe me! As I told you in the other forum, my husband was an overstay, too and when I read that bit on the application about "who is ineligible to file" I cried and cried. Luckily, I found VJ and I was given the link to the specific law that says marriage to a USC makes you eligible to file AOS even in the event of overstay or illegal working. It's true, it is not specifically called "forgiveness," I think that's just what some people say because it's easier. It sums up the idea of what happens, but...there's no formal forgiveness ceremony or paper to sign or anything like that.

Best of luck, I'm going to PM you in a moment w/ some other info.

Take care.