overstayed tourist visa

[VolimTe 0]

hi i have a question for a co-worker of mine. he recently married a girl in US, but she overstayed her tourist visa .. does anybody know what is the fee for their AOS, should they get a lawyer? any information? because he is scared that she will get deported back.. she was here on a tourist visa...

[Max1gk 68]

The fee for the AOS is 1010$ and include also Advance Parole and the Employment Authorization Document. As far as I know overstay for an immediate relative of a US citizen is generally forgiven as long as the marriage was entered in good faith. I can't tell you if they need a lawyer or not..for normal cases with no particular situations or problems It's usually a total waste of money.

[VolimTe 0]

ok isnt it 1070$ now ... ??

[Harpa Timsah 13,258]

The fee for the AOS is 1010$ and include also Advance Parole and the Employment Authorization Document. As far as I know overstay for an immediate relative of a US citizen is generally forgiven as long as the marriage was entered in good faith. I can't tell you if they need a lawyer or not..for normal cases with no particular situations or problems It's usually a total waste of money.

The fee for I-485 is $1070, not $1010, and from a tourist visa, the friend would also need to file a I-130 (to make a visa number available and establish a familial relationship) which is $420. You can file these forms at the same time (there are also related forms to file with these "main" forms). Overstay is irrelevant/forgiven for immediate relatives of US Citizens who entered with a valid visa, which includes a spouse. Overstay alone would not warrant a lawyer if the friend can follow detailed instructions and fill out forms. Good luck.

Edited July 9, 2011 by Harpa Timsah

[VolimTe 0]

he is only scared she will get deported :/ i keep trying to tell him that lawyers are waste of money BECAAUSE all those people that used lawyers got screwed over..because all they want is money.. ok and for I-485 where can i find information what else he needs to include in the packet.. i dont know if they have to include all the stuff like me for example.. i brought my fiance here on a visa.. and i also have to file I-485 and bunch of other things with it

[Harpa Timsah 13,258]

Your AOS's are similar, but not identical. Your friend has to do all of what you do, plus file I-130 and related forms. The guide is here: http://www.visajourney.com/content/i130guide2

They will file a CONCURRENT I-130/I-485 petition (that is the USCIS jargon).

Once they submit this and get NOA1s, the wife will begin a NEW period of authorized stay in the US. She won't get deported. Even if she got detained now, she is eligible to file AOS, so she would be ordered to do so, not be deported. Good luck.

Edited July 9, 2011 by Harpa Timsah

[Ban Hammer 12,857]

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