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Tanya510

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

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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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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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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.

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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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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."

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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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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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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.

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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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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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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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