General question

[jackdaniels 0]

Hello everyone, I'm new to the forum as you can see, but I'm new to this topic as well. I've been reading and doing some research about this topic and it's becoming a little confusing. I believe that my case will be the one of a I-130 form. I just didn't find the right section to post questions about my case. Please guide me to post my questions on the right section and I apologize in advance if I'm breaking the forum rules. Thanks

[Penguin_ie 5,994]

You have posted in the fiance visa forum.

What are you filing for? Ie are you looking to bring a wife over to the USA, or a fiancee, or a brother, or a mother etc?

Are you the USC (US citizen) or the foreign beneficiary?

[jackdaniels 0]

You have posted in the fiance visa forum.

What are you filing for? Ie are you looking to bring a wife over to the USA, or a fiancee, or a brother, or a mother etc?

Are you the USC (US citizen) or the foreign beneficiary?

Penguin, thanks for replying to my post.

I am the foreign benefiaciary in this case. Im planing on getting married this year with my GF (fiance), but i want to do everything right and the way its supposed to be done.

So a friend gave me this forum because they found it very helpful. Ive been reading but again, its a little confusing.

I live in the US, i entered with a visa but it expired. Im trying to start from there.

Thanx again

[Penguin_ie 5,994]

***** moving from K1 to AOS from Work, Student and Tourist visa as the poster is already in the USA *****

Since you are in the USA, you do not need a fiance visa- visas are used to enter a country. You would be looking at getting married, then filing adjustment of status. The guide here is a good start: http://www.visajourney.com/content/i130guide2

Being a visa overstayer is usually forgiven when you adjust status due to marriage with a US citizen, but if you tell us more about your circumstances, we can give advice specific to your case. What visa did you have, how long have you overstayed, are you working illegally, how long have you know your fiance, is immigration on your case (ie have you gotten any notices from them, are you due to be deported)?

[jackdaniels 0]

***** moving from K1 to AOS from Work, Student and Tourist visa as the poster is already in the USA *****

Since you are in the USA, you do not need a fiance visa- visas are used to enter a country. You would be looking at getting married, then filing adjustment of status. The guide here is a good start: http://www.visajourney.com/content/i130guide2

Being a visa overstayer is usually forgiven when you adjust status due to marriage with a US citizen, but if you tell us more about your circumstances, we can give advice specific to your case. What visa did you have, how long have you overstayed, are you working illegally, how long have you know your fiance, is immigration on your case (ie have you gotten any notices from them, are you due to be deported)?

Penguin thanx again!

I've been here for approx 8years. Yes I have worked illegally and there's no case of deportation involved. I've been 3 years with my gfrrnd and we are planning on getting married. I don't know exactly what type of visa I have. I came as a tourist and I ended up staying. Is it too bad?

[Penguin_ie 5,994]

Did you pay taxes when working? If yes, and if you came on a B2 (tourist) visa, you will probably be ok to adjust status and become legal. But if you came on the Visa Waiver Program (for example from Europe), then you are in trouble, because lately, these have been routinely denied in some districts, and delayed for a long time in others.

[Brother Hesekiel 2,236]

Once you've got married, your US citizen spouse will petition for you by submitting these 3 forms concurrently: I-130 ($420), I-485 ($1,070), and I-765.

The first one is the petition for an alien relative, the second one is the actual Adjustment of Status, and the third one is the work authorization and it's FREE of charge when submitted concurrently, which is why you want to do that whether you need it or not.

Additional cost is whatever the civic surgeon charges you for the medical including vaccination shots, usually a few hundred bucks.

If you live in the US for 8 years now, you need to pay income tax and report this via an annual tax return to Uncle Sam. For tax purposes, you are a resident, even if you were a drug dealer or prostitute. When sitting at the hot chair at the AOS interview, you want the Immigration Officer (I.O.) to find the last 3 of your tax returns in the file in front of him. If you didn't file yet, do it now. Better late than never. It's not about how much or how little you made, it's about avoiding a charge of tax invasion which is a felony and can be a real deal breaker for immigration purposes. USCIS and IRS work for the same Government, but they have different objectives.

The whole shabang takes about half a year, give or take a few months. Overstay and working without authorization will not be made an issue of at AOS. Once approved, you'll get a 2-year Green Card. Before that expires, you'll have to file for removal of conditions (from I-751), the condition being that you stay happily married and continue to live together. Only when that has been approved, you'll get a 10-year Green Card which can be renewed indefinitely.