Overstay applying for AOS

[StoneLove4Ever 0]

I am asking these questions for a friend. I am going through this process but filing through a CR-1 while my husband is in Jamaica so its not the same step my friend would have to take.

My friend fiance is here is the states. He came up here on a visitor's visa but overstayed by over 2 years...they are planning on marrying in Dec coming or Jan 2009...she wants an idea on what she would have to do so her finace will become a permanent resident...

I know she would have to file the i-130 and i-485 correct???...she would also have to pay both fees together meaning the $355 for the i-130 and $1,010 for the I-485 correct???...Are there any other forms she must send with these two other forms????....also what should she include as "evidence" of bonafide marriage beside the marriage certificate???...also will his overstay be forgiven since he did come up to the US legally???...I heard it would be just want to make sure...any input will be great...thanks....

[Beantownbabe 1]

I am asking these questions for a friend. I am going through this process but filing through a CR-1 while my husband is in Jamaica so its not the same step my friend would have to take.

My friend fiance is here is the states. He came up here on a visitor's visa but overstayed by over 2 years...they are planning on marrying in Dec coming or Jan 2009...she wants an idea on what she would have to do so her finace will become a permanent resident...

I know she would have to file the i-130 and i-485 correct???...she would also have to pay both fees together meaning the $355 for the i-130 and $1,010 for the I-485 correct???...Are there any other forms she must send with these two other forms????....also what should she include as "evidence" of bonafide marriage beside the marriage certificate???...also will his overstay be forgiven since he did come up to the US legally???...I heard it would be just want to make sure...any input will be great...thanks....

I am asking these questions for a friend. I am going through this process but filing through a CR-1 while my husband is in Jamaica so its not the same step my friend would have to take.

My friend fiance is here is the states. He came up here on a visitor's visa but overstayed by over 2 years...they are planning on marrying in Dec coming or Jan 2009...she wants an idea on what she would have to do so her finace will become a permanent resident...

I know she would have to file the i-130 and i-485 correct???...she would also have to pay both fees together meaning the $355 for the i-130 and $1,010 for the I-485 correct???...Are there any other forms she must send with these two other forms????....also what should she include as "evidence" of bonafide marriage beside the marriage certificate???...also will his overstay be forgiven since he did come up to the US legally???...I heard it would be just want to make sure...any input will be great...thanks....

Yes, they file the I-485 and I-130 - if he wasnt to work then they also file the I-765 for the permit. The fees you state are correct. They won't really have anything as bona fide marriage evidence yet, since they aren't married! If, however the spouse is added to Life/Medical/Dental insurance afterwards for instance, they could add a copy. The real evidence will not be needed until the interview but I know that the I-130 asks for it. They could just have a friend write an affidavit stating that they know the marriage to be in good faith. Good luck!

[StoneLove4Ever 0]

Yes, they file the I-485 and I-130 - if he wasnt to work then they also file the I-765 for the permit. The fees you state are correct. They won't really have anything as bona fide marriage evidence yet, since they aren't married! If, however the spouse is added to Life/Medical/Dental insurance afterwards for instance, they could add a copy. The real evidence will not be needed until the interview but I know that the I-130 asks for it. They could just have a friend write an affidavit stating that they know the marriage to be in good faith. Good luck!

Thanks...he doesn't have a work permit so she would also need to file the I-765 (EAD)...there is no cost for that since its free with the I-485 correct???...I know with K-1s when you do AOS you would do the I-485 with the AP and EAD...they don't have to do the AP right just the EAD????

Also, all the forms go in one envelope correct???...and the fees...should she do two seperate checks or one check with the total amount???..thanks a million...

Edited November 20, 2008 by jgay80

[Brian and Jenn 0]

The fees can be all together or broken up into 2 checks I am told - Hope so thats how we did it!

Yes the EAD is included the way they are filing. (I am also on an overstay, adjusting).

Goodluck to you and your friend!

Edited November 20, 2008 by Brian and Jenn

[Beantownbabe 1]

Yes, they file the I-485 and I-130 - if he wasnt to work then they also file the I-765 for the permit. The fees you state are correct. They won't really have anything as bona fide marriage evidence yet, since they aren't married! If, however the spouse is added to Life/Medical/Dental insurance afterwards for instance, they could add a copy. The real evidence will not be needed until the interview but I know that the I-130 asks for it. They could just have a friend write an affidavit stating that they know the marriage to be in good faith. Good luck!

Thanks...he doesn't have a work permit so she would also need to file the I-765 (EAD)...there is no cost for that since its free with the I-485 correct???...I know with K-1s when you do AOS you would do the I-485 with the AP and EAD...they don't have to do the AP right just the EAD????

Also, all the forms go in one envelope correct???...and the fees...should she do two seperate checks or one check with the total amount???..thanks a million...

As an overstay they DON'T apply for AP since if they leave the 3-10 year bar will kick in. And you're right, there is no fee for the EAD when filed with I-485. All forms in the same envelope with two separate checks $1,010 and $355. Wish them luck!

[StoneLove4Ever 0]

So my friend got married and is ready to file AOS with her husband and i have a couple of questions...Does she file the I864 with her packet???...and if so does she have to pay the $70 since it will be done domestically and not abroad???...got confused with that part...thanks a million with your answers...

[Beantownbabe 1]

Yes, the I-864 goes with the packet but they don't pay $70 from what I can remember. The total fee should be $1,010 and the $355 for the work permit. Wish 'em luck!

[Bobby+Umit 161]

Is your friend an USC?

Overstay is only "overlooked" for USC's. If she is an USC, barring any other adverse factors, it will not affect the AOS.

As mentioned, don't even bother with the AP, as he will incur the 10 year ban if he leaves the US and attempts to return, even if he is granted the AP document. Wait for the GC before leaving the US.

Yes, the I-864 is part of the package.

You do not pay the $70.00 for the I-864, that is only if the embassy (state department) has to look at it, which is not the case here.

[rebeccajo 14]

And you don't pay $1010 plus $355 for the EAD. The EAD is included in the cost.