Completely Confused

[ShroudedHeart 0]

I dont know much about law but my two sense is try finding a law clinic/non-profit that will help you file your I485 there are quite a few i have seen here in Dallas.

The fact that you have kids works in your favor either way so give it a shot... would love to hear how it turns out too.

Thanks a lot, I've been looking into some non profit places in my area today so hopefully something/someone will come through. I will do my best to keep you all posted as to what happens from here on

[homer4all 1]

you are one strong women... pls don't loose hope and try to fix this illegal mess....

try all your best to become legal...

[sachinky 464]

File for 'adjustment of status' ASAP.

If it is denied, you will then have to go via the CR-1/hardship-waiver route.

Good luck and welcome to VJ!

[Kathryn41 3,205]

Good luck to you. While Jim and the others have presented the 'facts' in a rather harsh and strong light, I also want to reassure you that there are a lot of things in your favour and suspect that your chances for an approval outweigh your chances for a denial. You appear to be in a legitimate marriage with a man who you love and who loves and supports you. You have not been put into any type of immigration removal proceedings so do not appear to be trying to 'avoid' being deported; have been in two relationships where your 'partner' refused to complete the necessary immigration paperwork even though you entered both relationships with honest intentions (although your first husband sounds very manipulative and used a type of coercion/blackmail to make the marriage happen); you haven't broken any other laws except for the visa overstay and you did enter the country legally; you have a financial sponsor who satisfies the necessary criteria; you are aware of the liabilities of your situation and are not trying to negate them and you seem to have your 'head on straight'. These can be taken as positive factors in your circumstances as well. Work now on collecting the documentary evidence that shows how you and your husband are co-mingling your lives together. Do you have an Income Tax identification number so you are included on the tax returns? If not, get that done now and if necessary, file amended returns to show the joint filing. Are you added to his health insurance coverage? Other type of insurance? Joint bank accounts and credit cards (as much as you are able to be). Work on collecting this type of evidence. You can probably expect an interview and in your circumstances that will most likely work in your favour as well as you will have a chance to present your case in person. Be prepared for hard questions, but even still, I expect you have more going for you than against you.

Good luck.

[ShroudedHeart 0]

Good luck to you. While Jim and the others have presented the 'facts' in a rather harsh and strong light, I also want to reassure you that there are a lot of things in your favour and suspect that your chances for an approval outweigh your chances for a denial. You appear to be in a legitimate marriage with a man who you love and who loves and supports you. You have not been put into any type of immigration removal proceedings so do not appear to be trying to 'avoid' being deported; have been in two relationships where your 'partner' refused to complete the necessary immigration paperwork even though you entered both relationships with honest intentions (although your first husband sounds very manipulative and used a type of coercion/blackmail to make the marriage happen); you haven't broken any other laws except for the visa overstay and you did enter the country legally; you have a financial sponsor who satisfies the necessary criteria; you are aware of the liabilities of your situation and are not trying to negate them and you seem to have your 'head on straight'. These can be taken as positive factors in your circumstances as well. Work now on collecting the documentary evidence that shows how you and your husband are co-mingling your lives together. Do you have an Income Tax identification number so you are included on the tax returns? If not, get that done now and if necessary, file amended returns to show the joint filing. Are you added to his health insurance coverage? Other type of insurance? Joint bank accounts and credit cards (as much as you are able to be). Work on collecting this type of evidence. You can probably expect an interview and in your circumstances that will most likely work in your favour as well as you will have a chance to present your case in person. Be prepared for hard questions, but even still, I expect you have more going for you than against you.

Good luck.

Hi and thank you for your comment, Yes I do have a TIN and filed taxes with my husband this year, we have a joint bank account. I'm not added to his health insurance mainly because he's losing his job in a few months so we didn't see the point in paying the extra for it.

[ShroudedHeart 0]

This is the only section of the paperwork where i'm not sure what to put, everything else has been self explanatory. I've read on several different sites many different ways to fill this in but not sure what would be correct. If anybody knows how I should fill this in it would greatly appreciated. Being that I came on the VWP there was no consulate that issued the visa so would that be N/A? and would N/A also apply to the non immigrant visa number as there never was a visa per say?

[SaraDee 9]

I wanted to let you know that I agree with what was said above. Even though you did overstay, people do that all the time and get approved. Plus, the fact that you have kids is a huge factor in your favor. I think your chances of getting approved are pretty high, so try not to worry about it too much. I think you should get some legal advice too. A non profit would be a great start to make sure you are doing what you need to do to get approved. Good Luck!!!