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married to US citizen with expired visa, what forms to file?

#1 Tanya510

Tanya510

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Posted 02 January 2011 - 07:52 PM

Hey guys, my name is Tanya
I came to the USA on working visa, then met my husband and stayed with him, my visa expired, ive been illegal here for more than 1 year now. 3 months ago we got married and now we are looking for paperworks to file to get my green card. which visa do i need to file for? do i have to go back to my country or can i stay here and get my paperworks done? all this seems very confusing to me. Please help if you know what needs to be done
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#2 pushbrk

pushbrk

    Straight Talk Member



Posted 02 January 2011 - 08:31 PM

Hey guys, my name is Tanya
I came to the USA on working visa, then met my husband and stayed with him, my visa expired, ive been illegal here for more than 1 year now. 3 months ago we got married and now we are looking for paperworks to file to get my green card. which visa do i need to file for? do i have to go back to my country or can i stay here and get my paperworks done? all this seems very confusing to me. Please help if you know what needs to be done


See the adjustment of status Guide by clicking on the word "Guides" at the top of any page here.
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Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless.  Anonymous


#3 milimelo

milimelo

    Star Member



Posted 02 January 2011 - 08:35 PM

Moving to AOS from work, student, tourist visa.
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Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC
3/5/2009 - I-751 received in CSC
3/9/2009 - Check cashed
3/20/2009 - Biometrics notice received (no NOA1)
4/2/2009 - Biometrics
4/9/2009 - NOA1 date (first undelivered one is 3/5)
4/3/2009 - Touch?
5/6/2009 - ROC Approval - 65 days
6/22/2009 - CRIS Card production ordered email
7/7/2009 - GC arrived!

Naturalization Journey
3/03/2010 N400 sent to Arizona Lockbox
3/15/2010 Check cashed
3/17/2010 NOA1
3/18/2010 - Biometrics notice sent
3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)
4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)
5/1/2010 Text and email interview letter sen
5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am
6/17/2010 Interview appointment - PASSED
6/29/2010 US Citizen

#4 sciencenerd

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Posted 02 January 2011 - 09:52 PM

Don't leave the U.S. until you have your green card - you'll get a 10 year ban if you leave. Just apply for AOS by following the guides and again, don't leave until you have a green card in hand. Good luck.
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AOS (from tourist w/overstay)
1/26/10 - NOA
5/04/10 - interview appt - approved

ROC
2/06/12 - NOA date
7/31/12 - card production ordered

N-400
2/08/13 - NOA date
3/05/13 - biometrics appt
6/18/13 - interview - passed!
7/18/13 - oath ceremony

#5 Brother Hesekiel

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    No B.S. Member



Posted 02 January 2011 - 10:11 PM

You file for Adjustment of Status (AOS) via forms I-130 (Petition for an Alien Relative--$420), I-485 (AOS--$1,070), and I-765 (Work Authorization--FREE when filed concurrently).

Your overstay (not "illegal--don't use that term unless you climbed over a fence to get to the USA) and working without authorization are non-issues at AOS. The whole ordeal will take aboy 6 months, give or take. You cannot leave the US until your AOS has been approved and you'll get your Green Card. Do not file for Advance Parole (AP) via form I-131, as using it would hurt you, big time.
  • 1
There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

#6 Tanya510

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Posted 03 January 2011 - 02:53 PM

You file for Adjustment of Status (AOS) via forms I-130 (Petition for an Alien Relative--$420), I-485 (AOS--$1,070), and I-765 (Work Authorization--FREE when filed concurrently).

Your overstay (not "illegal--don't use that term unless you climbed over a fence to get to the USA) and working without authorization are non-issues at AOS. The whole ordeal will take aboy 6 months, give or take. You cannot leave the US until your AOS has been approved and you'll get your Green Card. Do not file for Advance Parole (AP) via form I-131, as using it would hurt you, big time.


OK, cool, so do i send all the 3 forms together or do i need to get I-130 approved as i read somewhere, and one more thing: what do i write in the field "your current status" in AOS, im not any visa holder right now

and thank you everyone for your concern! i love your forum!
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#7 Harpa Timsah

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Posted 03 January 2011 - 04:26 PM

I am assuming your husband is a US Citizen (this wasn't actually said anywhere, was it?). In that case you DEFINITELY send them all together... in the same envelope too. The USCIS jargon call this a CONCURRENT I-130/I-485 application.

If he is a legal permanent resident, then you cannot adjust status in country because you have overstayed (not applicable for immediate family of USCs).

For current status, you can put the visa you entered on and put "out-of-status."
  • 1

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!


#8 Tanya510

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Posted 04 January 2011 - 10:27 PM

I am assuming your husband is a US Citizen (this wasn't actually said anywhere, was it?). In that case you DEFINITELY send them all together... in the same envelope too. The USCIS jargon call this a CONCURRENT I-130/I-485 application.

If he is a legal permanent resident, then you cannot adjust status in country because you have overstayed (not applicable for immediate family of USCs).

For current status, you can put the visa you entered on and put "out-of-status."


Yes, my husband is USC (thats what my title says), do i need to send G-325 too?
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#9 katgrl

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Posted 04 January 2011 - 11:33 PM

You send a G-325 for your husband with I-130, and a G-325 for you for both I-130 and I-485.
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02/21/99 Hubby entered with F1 student visa D/S
May 2002 He stopped attending school because he couldn't afford it any longer.
03?/2002 USC sibling I-130 petition
02/2009 Met hubby
08/2009 Sibling petition approved but ineligible to adjust status due to overstay
07/10 Married :)
11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010
12/3/10 [day 11]- received email/text notification of acceptance from USCIS
12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)
12/6/10 [day 14]- received hard copy NOA1 in mail
12/7/10 [day 15]- checks cashed...ouch
12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)
12/28/10 [day 36]- successful biometrics appt
01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)
02/25/11 [day 95]- rec'd EAD
03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

#10 Tanya510

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Posted 05 January 2011 - 05:19 PM

You send a G-325 for your husband with I-130, and a G-325 for you for both I-130 and I-485.


ok, thank you, i found that too in the instructions to AOS, just it says G-325A, whats the difference between them?
and how do i do the medical examination? do i have to print I-693 and take it to a doctor? how is it done
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#11 Harpa Timsah

Harpa Timsah

    Let's not go to VJ, 'tis a silly place.



Posted 05 January 2011 - 05:30 PM

Katgrl means G-325A, she was just writing in shorthand :) Sometimes I just type 485 instead of I-485, but I can see how people unfamiliar with the process might think they are different things.

As for the medical, you need to find a designated civil surgeon on the USCIS website... there is a spot for "Find a Civil Surgeon." Ask them if they have the forms at the office (I guess they would but I didn't go with my husband to his medical) and make an appointment. Usually it takes two appointments a few days apart to complete. Then the civil surgeon doctor will give you a SEALED envelope with the medical in it. You need to send that envelope in with your application and don't open it! Also, it's good to ask for a copy of the report for your records from the doctor.
  • 1

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!


#12 RebeccaAndPhil

RebeccaAndPhil

    Platinum Member



Posted 05 January 2011 - 08:36 PM

Hey guys, my name is Tanya
I came to the USA on working visa, then met my husband and stayed with him, my visa expired, ive been illegal here for more than 1 year now. 3 months ago we got married and now we are looking for paperworks to file to get my green card. which visa do i need to file for? do i have to go back to my country or can i stay here and get my paperworks done? all this seems very confusing to me. Please help if you know what needs to be done


I don't have anything more to add since everyone here has already helped you but I just wanted to say WELCOME to VJ! :luv: I have been in your shoes and I know how confusing & frustrating the whole process is. But trust me, VJ is a LIFE SAVER and you will see light at the end of the tunnel soon! :star:
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AOS
09/21/08- Phil arrives in US
08/15/09- Wedding
10/16/09- Mailed out AOS package
01/14/10- Interview completed - Approved!
01/23/10- Conditional Green Card received!



ROC
10/17/11- Mailed ROC package
10/19/11- Package arrives at VSC
10/20/11- NOA1 issued
10/24/11- "Touch"
10/24/11- Check cashed
10/26/11- NOA1 received
11/23/11- Biometrics appointment
01/14/12- Conditional GC Expired
07/17/12- Approved! - Notification of card production
07/23/12- Notification of card being mailed
07/25/12- 10 year GC received!



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~~~~
Be the change you wish to see in the world

#13 Tanya510

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Posted 07 January 2011 - 01:20 AM

Katgrl means G-325A, she was just writing in shorthand :) Sometimes I just type 485 instead of I-485, but I can see how people unfamiliar with the process might think they are different things.

As for the medical, you need to find a designated civil surgeon on the USCIS website... there is a spot for "Find a Civil Surgeon." Ask them if they have the forms at the office (I guess they would but I didn't go with my husband to his medical) and make an appointment. Usually it takes two appointments a few days apart to complete. Then the civil surgeon doctor will give you a SEALED envelope with the medical in it. You need to send that envelope in with your application and don't open it! Also, it's good to ask for a copy of the report for your records from the doctor.


Thanks for your explanation! found it and found a list of civil surgeons in my area)
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#14 Tanya510

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Posted 07 January 2011 - 01:23 AM

I don't have anything more to add since everyone here has already helped you but I just wanted to say WELCOME to VJ! :luv: I have been in your shoes and I know how confusing & frustrating the whole process is. But trust me, VJ is a LIFE SAVER and you will see light at the end of the tunnel soon! :star:


Yeah, i am very glad i have found VJ! I have been reading posts for the last couple days and glad its all clearing out for me) (before that i had no idea what to do :wacko: )
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#15 Tanya510

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Posted 07 January 2011 - 01:30 AM

Guys, maybe a silly question :) but still, does anyone know whether i need an apostille on the copy of my birth certificate?
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