Appling for agreen card

[Sakiena 0]

Hi iam a us citizen ( by birth) but i staied 3 yeasr and went back home with my family . 

now i am in us with my kids (6&4 years) they came with a visit visa , my questions are :

1- i want to aplly for a green card i need more information about what i have to do and what is the first step (i-130 with i-485 or just i-130)

2-my kids visa is expired now do i need a lowyer , attorney or i can do that by my self 

3-can i apply for fee waiver because the fees is too expensive for me and i cant pay it now 

4-i applied for my spouse if i didnt apply for the kids untill i work and get applications fees , is that will effect negatively for his case 

thanks 😊 

[JFH 12,189]

*~*~*moved from "Bringing Family Members of USCs" to "Adjustment of Status from Work/Study/Tourist Visas" as the people in question are currently in the USA*~*~*

[Sakiena 0]

Oh sorry and thanks 

[geowrian 22,335]

1. You should concurrently file the I-130 with the I-485. This gets them back into a period of authorized stay while in the US.
2. It can be done yourself...nothing you've stated jumps out as being an issue requiring an attorney.
3. No. You cannot use a fee waiver for the I-130, and fee waivers for the I-485 only apply in cases where an I-864 is not necessary (and it is necessary in your case). Furthermore, you will need to show sufficient income - 125% of the federal poverty level for your household size - to sponsor all the intending immigrants (wife and 2 children), or get a joint sponsor.
4. It shouldn't affect their cases as the overstay is ignored as the immediate relative of a USC. Not judging...but why not do immigrant visas instead of AOS if cost is an issue? It would mean some time apart, but it would save a few thousand dollars in fees and avoid the issue of being out of status. That said, if your wife has been out of status for 180 days or more, this is NOT recommended as leaving the US would result in a ban.

[Sakiena 0]

I didnt know how to move can you help me please

[Sakiena 0]

First thanks for you answers its very helpfull 

can i apply for an immigrant visa while they are inside US and how ???

[geowrian 22,335]

Just now, Sakiena said:

First thanks for you answers its very helpfull 

can i apply for an immigrant visa while they are inside US and how ???

Yes. By filing just the I-130 (+ supporting documentation). Then it will be sent to NVC then the embassy abroad for the interview. ETA: 12-14 months.

 

Keep in mind I'm throwing the idea out there as a means to save a few thousand dollars in fees. Obviously it's not something to take lightly...there's definitely benefits to doing AOS within the US vs going for an immigrant visa abroad.

[Sakiena 0]

Ok

sorry i know iam asking a lot 😊 

but if i just apply i-130 and after the case send to NVC do i must go back home for interview or we can do it here 

[geowrian 22,335]

Just now, Sakiena said:

Ok

sorry i know iam asking a lot 😊 

but if i just apply i-130 and after the case send to NVC do i must go back home for interview or we can do it here 

The visa option would have to have the interview at the US embassy abroad. The only option to stay in the US would be to file for AOS (I-130 + I-485).

[Sakiena 0]

Ok 

thanks alot 

[Coco8 1,039]

If they are in the US there is no need of going outside of the US for an interview. Once you start the process in the US, they cannot leave the country for several months. 

 

You should check this out: http://www.visajourney.com/content/i130guide2

 

But download the forms from USCIS to get the last version of the form

 

You will want to file the forms for EAD + AP for your wife. EAD will allow her to work. It is better to file both forms along with the others because it is free. If you decide to file later, it will cost you money.

[geowrian 22,335]

6 minutes ago, Coco8 said:

If you decide to file later, it will cost you money.

Nope. Just send a copy of the I-485's NOA1 instead of payment and it's free still.

Edited July 27, 2017 by geowrian

[Sakiena 0]

Sorry but what is the 1-485 NOA1 means 

[geowrian 22,335]

43 minutes ago, Sakiena said:

Sorry but what is the 1-485 NOA1 means 

I-485 NOA1*

 

It's basically the paper receipt you get back after filing the I-485 and USCIS accepts it. It's technically form I-797C.

[kzielu 1,144]

Aren't the kids automatically citizens if OP is a USC  (by Child Citizenship Act if I recall correctly) and kids live with her inside US ? Doesn't it require N-600 rather than I-130/I-485 and thousands in fees ?