f1 visa out of status for 13 yrs now

[deeder 1]

I am a u.s. citizen,I am going to file for permanent residency for my husband. we have been together 15yrs and married for 6 years. He come in to u.s on a f1 student visa, he has over stayed 13 yrs now, we have two children together, he has graduated college within that 13yrs as well as held down approx 3 consecutive jobs within that time framehe files taxes(head of household /not married though~ because i owed ) he has never been on unemployment or any assistance programs, nor have I.We have no criminal record within that 13 yrs, besides minor traffic that has been paid off, and maybe a few bounced checks.. my major concern is that he has been working (10+ yrs) without approval, and overstayed his welcome(13yrs)~should we waiste money on an attorney for this when filing..I am concerned that once they see how long he has been out of status and working they will try to make him leave the country even though he has a legit marriage family etc.... Please help I hate to waiste that money we really dont have on an attorney.. I would rather just file without one.. because i feel our marriage should rectify the issues,im sure they may give him a fine or something but i really dont think we need and attorney he says we should...HELP I couldnt find any situations on here that were similar to mine~ in the amount of time overstayed..etc

[Harpa Timsah 13,258]

Overstay is irrelevant/forgiven for spouses of US citizens who entered with valid visas. No lawyer needed for that issue.

[YuAndDan 153]

Moving to AOS from STUDENT/Work/Tourist visa fourm.

Start with this guide: http://www.visajourney.com/content/i130guide2

Don't bother with I-131, the overstay will bar entry, even with an Advance Parole doc.

[Eric-Pris 1,602]

within that time framehe files taxes(head of household /not married though~ because i owed )

FYI-If a person is married, they can't file as HoH. That's for unmarried people with a qualifying child. A married person MUST file either as "Married Filing Jointly" or "Married Filing Separately".

[deeder 1]

Moving to AOS from STUDENT/Work/Tourist visa fourm.

Start with this guide: http://www.visajourney.com/content/i130guide2

Don't bother with I-131, the overstay will bar entry, even with an Advance Parole doc.

im not sure what your response means~he is still in u.s. now, do you mean that he wont be able to travel back and forth?(I-131)

[deeder 1]

FYI-If a person is married, they can't file as HoH. That's for unmarried people with a qualifying child. A married person MUST file either as "Married Filing Jointly" or "Married Filing Separately".

im aware now

[YuAndDan 153]

im not sure what your response means~he is still in u.s. now, do you mean that he wont be able to travel back and forth?(I-131)

I-131 is for a travel doc, for example a person who entered on a K-1 and filed to adjust status before accruing 180 days of overstay, can use AP Doc from filing an I-131 to travel home while AOS is being processed.

In your case the overstay is so long that a trip out of the USA while AOS is being processed will result in a bar on re-entry even with AP document.

I said when reading the guide above for adjustment of status, it will mention filing an I-130 for AP doc, I say don't bother with that form.

Just file I-485/I-864/I-130/I-765...

[Dogwood_Poet 16]

You may need to consider illegal work issues as well. If he hasn't been working on his own Social Security Number, there may be problems with identity fraud, because you will need to report his work history as well.

So there may not be any visa issues, but check with a lawyer about clearing up the illegal work issues as well

[deeder 1]

I-131 is for a travel doc, for example a person who entered on a K-1 and filed to adjust status before accruing 180 days of overstay, can use AP Doc from filing an I-131 to travel home while AOS is being processed.

In your case the overstay is so long that a trip out of the USA while AOS is being processed will result in a bar on re-entry even with AP document.

I said when reading the guide above for adjustment of status, it will mention filing an I-130 for AP doc, I say don't bother with that form.

Just file I-485/I-864/I-130/I-765...

oh ok, I understand now..thanks for your help...glad i got that information..

Overstay is irrelevant/forgiven for spouses of US citizens who entered with valid visas. No lawyer needed for that issue.

Good, Thanks.. I think that was really my main concern..

[deeder 1]

You may need to consider illegal work issues as well. If he hasn't been working on his own Social Security Number, there may be problems with identity fraud, because you will need to report his work history as well.

So there may not be any visa issues, but check with a lawyer about clearing up the illegal work issues as well

No, he has a legit ssn that was issued to him.. thanks for pointing that out, but no~there will be no issue there..

[xxtinaxx 14]

No, he has a legit ssn that was issued to him.. thanks for pointing that out, but no~there will be no issue there..

Ah, can I ask you a question? How could he work without work permit?

[deeder 1]

Ah, can I ask you a question? How could he work without work permit?

He was not pressured to bring in the physical copy of his social security card by either of the companies he worked for, and let me say one of the companies he worked for is a VERY LARGE Company...Goes to show how ILLEGALS(not my husband) can get legit jobs~loopholes I guess..I wonder once we file the paper work, and they know where he is working if they will stir up trouble with his employer because they hired him without him submitting proper authorization...hmmm oh well it is what it is thats not his fault...

[gigir 0]

He was not pressured to bring in the physical copy of his social security card by either of the companies he worked for, and let me say one of the companies he worked for is a VERY LARGE Company...Goes to show how ILLEGALS(not my husband) can get legit jobs~loopholes I guess..I wonder once we file the paper work, and they know where he is working if they will stir up trouble with his employer because they hired him without him submitting proper authorization...hmmm oh well it is what it is thats not his fault...

But he was still working without authorization, because it is supposed that you are only allowed to work on campus with an F1 visa. Does he actually have a social security card and has paid his taxes every year?

[Harsh_77 716]

I dont doubt that he has his own SSN - as student you get your own SSN so identity fraud is not something they are going to hold him for, but he has been in the ocuntry illegally and has worked all this time without right authorization.

So depending on the officer that gets your file and his mood of the day he can create complications.

[deeder 1]

But he was still working without authorization, because it is supposed that you are only allowed to work on campus with an F1 visa. Does he actually have a social security card and has paid his taxes every year?

Yes he has ssc and pays taxes every year....stated that in very first paragraph.....