Been married for over 3 years - Help getting started please?

[evomaster21 0]

Hello everybody,

I'm Daniel I've been married for over 3 years about to hit the 4 year mark; and we have not done any paperwork etc because we have heard its very expensive and along the road we have had it a little rough when it comes down to monetary matters. So we have pushed it back over and over but its time to get this done. We got married a little early(as soon as we got out of High School) so we didn't have the resources/money/help needed to do this right away so it dragged more than expected. I'm 24 and my wife is 22 years old. Shes my first wife and im her first as well.

I'm Venezuelan and shes American obviously. I entered the country 10 years ago and over-stayed my VISA. I have 2 little papers that say "I-94"both say my name date of arrival, Departure Record. One says petitioner and the other a Signature and some other details. Besides that I have a IRS "ITIN" number. Which my mom filled out long lonng ago and I have not used this either. I don't know if its still valid or not. I do have a valid up to date Venezuelan Passport too if that even helps.

I arrived to the USA on my last year of middle school and then I attended High School and got my Diploma. I did a little research and I do pass the "Good Moral Character" I have not done a thin wrong etc.

Would anybody help us out understand the steps needed to at least get started or at least provide an idea on whats coming? We are clueless so we might just end up going to an immigration lawyer and have him/her do all the paperwork for us so we don't screw it all up.

Any help, comment, hints, tips, advice, how-to, are welcome please.

Thank you!

[v333k 59]

Probably this topic should be moved to a different forum so it gets the proper attention. I will make the request....

good luck!

Your first step is "adjustment of status".

[Barbara J 115]

Hello everybody,

I'm Daniel I've been married for over 3 years about to hit the 4 year mark; and we have not done any paperwork etc because we have heard its very expensive and along the road we have had it a little rough when it comes down to monetary matters. So we have pushed it back over and over but its time to get this done. We got married a little early(as soon as we got out of High School) so we didn't have the resources/money/help needed to do this right away so it dragged more than expected. I'm 24 and my wife is 22 years old. Shes my first wife and im her first as well.

I'm Venezuelan and shes American obviously. I entered the country 10 years ago and over-stayed my VISA. I have 2 little papers that say "I-94"both say my name date of arrival, Departure Record. One says petitioner and the other a Signature and some other details. Besides that I have a IRS "ITIN" number. Which my mom filled out long lonng ago and I have not used this either. I don't know if its still valid or not. I do have a valid up to date Venezuelan Passport too if that even helps.

I arrived to the USA on my last year of middle school and then I attended High School and got my Diploma. I did a little research and I do pass the "Good Moral Character" I have not done a thin wrong etc.

Would anybody help us out understand the steps needed to at least get started or at least provide an idea on whats coming? We are clueless so we might just end up going to an immigration lawyer and have him/her do all the paperwork for us so we don't screw it all up.

Any help, comment, hints, tips, advice, how-to, are welcome please.

Thank you!

As you have been married over 2 years you will need to file 130 and 485 AOS together. As you know staying all that time you have been out of status so don't think of going anywhere till you get GC,

[Penguin_ie 5,996]

***** Moved from US Citizenship to AOS from Tourism... visa as OP has some time to go to citizenship *****

[Alex13 5]

Hi Daniel! The people here are great and have been a huge help. Filing the I-130 and I-485 along with the required additional forms is your next step, I think there's probably flowcharts and such somewhere on here but I'm a bit of a novice so I'll leave that to the more experienced member haha... but good luck mate, all the best.

[Little_My 464]

If you originally entered the country legally (i.e. under some non-immigrant visa status) and you have proof of this (which it seems you have, since you have the I-94 card), you can adjust your status to a legal permanent resident. Your long overstay will not be relevant as you are now married to a US citizen, but I would file the papers asap in any case.

You'll file the I-130 and I-485 concurrently. There is a very good guide for this process here on VJ that you should read through first, and then ask more questions if something seems unclear. You should also print the forms you need along with the instructions for each form, and read those with your wife to make sure you both understand the process. The VJ guide is here: http://www.visajourney.com/content/i130guide2

The filing fees come close to $1,500. You will also need to get a medical check done by a civil surgeon, and might have to get some vaccines if you lack some of the required ones. My medical cost me around $150, but it varies depending on your location and the amount of vaccinations you require. You can find a designated Civil Surgeon in your area through the USCIS website, which should be your first source of information for this process in general.

As Barbara mentioned, you cannot leave the US until you have your physical GC in your hand. Because of your overstay, you are now subject to a 10 year ban to the US, but it will only take affect if you leave. So stay put until you get your GC. Don't bother to file the I-131 form for Advance Parole travel document. If you apply, it will be issued to you, but you cannot use it because of the overstay.

Edited September 20, 2011 by Little_My

[desmond&molly 5]

Agree with Little_my. I would just ask about whether you've worked and how you've done this. Working without permission is pretty much forgiven but there may be issues of you've used a fake social or ID or represented yourself as a citizen or legal resident when you weren't. Also investigate that you didn't overstay before. In these cases you're not barred and it shouldn't stop you from filing but I would consult with an immigration attorney first, just in case. But yeah file everything as soon as possible because if you were picked up by ICE now and put in deportation proceedings you would have a bigger burden to prove your bona fde marriage. Buena suerte!

[Alex13 5]

It's weird that they approve AP for overstayers even though they can't actually use it. I wonder if a lot of people that didn't know better have been refused re-entry after they thought they were okay because of their Advanced Parole...