Married in the US for eight years but never filed

[Zahar 0]

Hello all, i have tried posting A few times but am not very good with computers. I originally came to the USA on a J1 visa as an Au pair in April 1997. I returned to Brazil and came back to the USA in 2001 on a B2 visa. I then got married to a Venezuelan man that was not a US citizen but a resident. We had two children but we got divorced in 2007. Then i married a USC in july 2007. We have four children and have been married for 8 years. My B2 visa expired in 2011 and we have never filed any kind of papers as i believed it to be very expensive. How should i proceed to get citizenship. leaving the country is out of the question due that our new son is three weeks old and all the children are under 10.. what should we do and how much will it cost to proceed? thanks Zahars wife

what kind of visa should we apply for?

[Anh map 2,098]

You are several years away from citizenship. Your spouse will file a form I-130 to begin. Do some reading in the guides here on VJ. It will cost you close to a couple of thousand dollars by the time you are finished with everything. You will interview for a green card. Once you have been a green card holder for a few years you may be eligible to file for citizenship.

[Jo Së 200]

You will proceed to become a US Citizen by first becoming a legal permanent resident.

Follow the guides on this website

[Transborderwife 4,666]

Make sure that you've filed taxes for any illegal work as it will be asked about. Also your b2 expired the moment you overstayed.

[Zahar 0]

should i just start with the I 130 or try to apply to adjust

status...

[Transborderwife 4,666]

Adjust status. Just be aware that in a household with 6 children and two adults the petitioner needs to make $41,000 annually

Edited October 30, 2015 by Transborderwife

[teeak 224]

You'll be filing your I-130 with your adjustment forms. Follow the below guide:

http://www.visajourney.com/content/i130guide2

[Zahar 0]

should i just start with the I 130 or try to apply to adjust

status...

We are already married and she has a social security card and drivers license..does the fact she is four years over her B2 visa have any consequences... id hate to file the I 130 and not need to,, its 400 dollars just for that one.. ?

[Transborderwife 4,666]

We are already married and she has a social security card and drivers license..does the fact she is four years over her B2 visa have any consequences... id hate to file the I 130 and not need to,, its 400 dollars just for that one.. ?

How does she have a licence legally?

[Boiler 43,432]

We are already married and she has a social security card and drivers license..does the fact she is four years over her B2 visa have any consequences... id hate to file the I 130 and not need to,, its 400 dollars just for that one.. ?

She entered in 2001, so 14 years beyond her authorised stay.

Also wondering about the DL, is it the one for illegals?

[teeak 224]

We are already married and she has a social security card and drivers license..does the fact she is four years over her B2 visa have any consequences... id hate to file the I 130 and not need to,, its 400 dollars just for that one.. ?

You'll need to file the I-130 because it serves as the basis for her adjusting status (petition by USC spouse).

Overstay will be forgiven as an immediate relative of a USC and it's not a problem as long as she doesn't leave the country.

[Zahar 0]

she has a new york drivers license that looks just like mine,, it legal as far as i know,,matter of fact she just got it renewed. as for my household i have five children living at home, one from a previous relationship. however i make no where near 40K a year. i live in a community that covers my living expenses. i thought i might need to get a sponsor but not sure how it all works.. We dont fit in the box.. plus i want to proceed with caution because there is no way physically or financially she could leave the country... but we are ready for the long process..hopefully with enough pay for all the forms,, zahar

[Transborderwife 4,666]

How many children under 18 are involved?

The license may be real, but she doesn't have it legally.

Definitely need a sponsor

Edited October 30, 2015 by Transborderwife

[teeak 224]

she has a new york drivers license that looks just like mine,, it legal as far as i know,,matter of fact she just got it renewed. as for my household i have five children living at home, one from a previous relationship. however i make no where near 40K a year. i live in a community that covers my living expenses. i thought i might need to get a sponsor but not sure how it all works.. We dont fit in the box.. plus i want to proceed with caution because there is no way physically or financially she could leave the country... but we are ready for the long process..hopefully with enough pay for all the forms,, zahar

Perhaps she got her license when she first entered as a J-1? Also, apparently it was much easier to obtain a NY driver's license back then even as someone on a temporary visa (according to my dad). I know many many NYers who obtained DLs years and years ago and even though they're still illegal, they're able to renew their licenses.

Yep, sounds like you'll need a joint sponsor. You'll need to complete Form I-864, affidavit of support, and your joint sponsor will need to complete one as well. This will also be included with your adjustment of status forms.

A read through the guides will tell you what you need. Best of luck!

Edited October 30, 2015 by teeak

[Boiler 43,432]

Something does not sound right, they check your status when you renew.