This is mind boggling at first!

[Pupsik 4]

My wife and I are just beginning this whole process and boy is my head spinning!

I am a US born Citizen, she is here in the US on an overstayed J1 visa of almost 2 years.

We both work and pay our taxes.

We have been getting all of our paperwork together and there is always that feeling that we are forgetting something.

Do we just have to follow the I-130 and I-485 checklists or is there more we need to do?

I am concerned about her overstaying and the fact that she is working

she was also in a prior marriage but divorced since he was abusive. She never filed any paperwork with the earlier spouse

We have some joint accounts, our support letters from friends, employment letters from my company, photos and copies of taxes to send in.

I guess i am just ranting but need some assurance that we are not missing something important. we really want this adjustment of status so that she can start living her life as my wife and not have that feeling that she has to worry about everything.

any advice????

[canadian_wife 1,829]

http://www.visajourney.com/content/i130guide2

Follow the guide for adjustment of status

Good luck

[Inky 1,111]

You need to make sure the J1 does not have a 2 year home residency requirement. If she overstayed and has a 2 year home residency requirement there could be some issues.

[Penguin_ie 5,999]

***** Moving from K3 to AOS from Work... as OP's wife already is in the USA *****

[Pupsik 4]

You need to make sure the J1 does not have a 2 year home residency requirement. If she overstayed and has a 2 year home residency requirement there could be some issues.

"TWO YEAR RULE DOES NOT APPLY" is what is says on her J1 Visa

[Pupsik 4]

i should also mention she already has a SSN. dont know if that helps us at all or not.

another question i have is she wants to send all the supporting documents with the application (joint accounts information, photos, etc) is this advisable or should that just be reserved for the interview process??

[Inky 1,111]

SSN doesn't make a difference for this process.

Send what the step by step guide on VJ says you need to send. Save the rest for interview.

[Harpa Timsah 13,259]

i should also mention she already has a SSN. dont know if that helps us at all or not.

another question i have is she wants to send all the supporting documents with the application (joint accounts information, photos, etc) is this advisable or should that just be reserved for the interview process??

Read the instructions for the forms themselves (downloadable at uscis.gov). The I-130 says you should send evidence of a bona fide marriage with it. Good luck!

[prep.mac 7]

To add to the previouus replies, if your spouse was married before, you need the divorce decree or any proof that the previous marriage was terminated for the AOS packet.

Good luck!

[Pupsik 4]

To add to the previouus replies, if your spouse was married before, you need the divorce decree or any proof that the previous marriage was terminated for the AOS packet.

Good luck!

yup we have all that...ok im starting to feel a tad bit better...

[prep.mac 7]

yup we have all that...ok im starting to feel a tad bit better...

Good...this forum does make you feel better..forewarned too..Good luck!

[Scribble 1]

I would send all the supporting stuff you got. We sent our pics, statements from friends and parent and just all we had. So at the interview they didnt even ask for anything at all! Btw I'm from russia and my hubby is USC

[dantuin 0]

In your case I would also include a copy of your expired DS-2019. Wedding pictures are not required, you can save them for the interview

[Pupsik 4]

ok, now on the I-765 for question 15 "current immigration status" we are lost as what to put. is she still J1 even though she overstayed?

[Harpa Timsah 13,259]

Yes.