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Craigmcd24

VWP Overstay - Applying for AoS what forms do I need?

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I overstayed on the VWP. I have been married to a US Citizen for the past 9 years and we have a 6 year old daughter. I want to finally apply for a green card. I know I should have done this a long time ago but we couldn't find a sponsor and my wife never made enough to do it herself. This has been a real struggle for us but we are finally in a position to get this done.

What forms do I need to file? Do I need to file for I-130 and EAD?

Any help would be appreciated.

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~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from visitor (VWP) visa~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

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I overstayed on the VWP. I have been married to a US Citizen for the past 9 years and we have a 6 year old daughter. I want to finally apply for a green card. I know I should have done this a long time ago but we couldn't find a sponsor and my wife never made enough to do it herself. This has been a real struggle for us but we are finally in a position to get this done.

What forms do I need to file? Do I need to file for I-130 and EAD?

Any help would be appreciated.

Follow the guide at the following link: http://www.visajourney.com/content/i130guide2

Overstay shouldn't be a problem. If you have been working illegally during this time that should be forgiven with marriage to a USC. You may however be responsible for back taxes if that applies to you. About the only thing that would cause you problems is if you've ever claimed to be a US citizen on any forms such as a job application or tax forms. That is considered a pretty big no no.

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Follow the guide at the following link: http://www.visajourney.com/content/i130guide2

Overstay shouldn't be a problem. If you have been working illegally during this time that should be forgiven with marriage to a USC. You may however be responsible for back taxes if that applies to you. About the only thing that would cause you problems is if you've ever claimed to be a US citizen on any forms such as a job application or tax forms. That is considered a pretty big no no.

I have been a stay at home Dad so I never worked illegally. Thanks for the help!!

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I overstayed on the VWP. I have been married to a US Citizen for the past 9 years and we have a 6 year old daughter. I want to finally apply for a green card. I know I should have done this a long time ago but we couldn't find a sponsor and my wife never made enough to do it herself. This has been a real struggle for us but we are finally in a position to get this done.

What forms do I need to file? Do I need to file for I-130 and EAD?

Any help would be appreciated.

The forms you need to submit: I-485, I-130, G-325A, I-864. You can optionally file for EAD (I-765) at the same time too, in case you want to work while your I-485 is pending.

Good luck!

Edited by YouAndMeForever

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