Overstayed Au Pair J1 Visa - AOS

[qiorq 0]

Hi forum, thank you for the usual information here. Below is the summary of my case. I would like to know if I should go through the AOS process by filing the applications myself or with help from an immigration lawyer.

I am an US citizen. I married my wife recently, who has been overstaying for years with her J1 visa from the Au Pair program (not subject to HRR as stated on her DS2019 and J1 visa). In short, she came to this country as an Au Pair in the beginning, then left the program to be on her own, and has been working illegally since.

I already filed the I-130 for her and G-325A for both two weeks ago, not the I-485 yet. We intend to file the AOS by ourselves assuming it should be straighforward. But it may have more complication than we first thought:

1. In the G-325A form, we listed all her post-au-pair illegal employments. Mistake or not? We wanted to be honest and not hide any facts. Plus she has been filing her taxes for years.

2. Will the overstay/out-of-status-visa be an issue for her AOS application approval?

Any other complications in this case that I am not aware of?

Will you hire an immigration lawyer in our case?

Thanks.

[JimVaPhuong 4,863]

1. In the G-325A form, we listed all her post-au-pair illegal employments. Mistake or not? We wanted to be honest and not hide any facts. Plus she has been filing her taxes for years.

When dealing with the US government, the truth is never a mistake. More often than not, lying gets you in more trouble than the truth ever would.

2. Will the overstay/out-of-status-visa be an issue for her AOS application approval?

No. She's adjusting status as an immediate relative of a US citizen. Two things that would be relevant for other adjustment of status cases, but are specifically NOT relevant for an immediate relative of a US citizen are not maintaining her lawful non-immigrant status and working without authorization.

Any other complications in this case that I am not aware of?

Not from what you've told us so far. The real question is whether there's any other complications that WE are not aware of...

Will you hire an immigration lawyer in our case?

No point. You've obviously done some homework already, and you appear to have sufficient intelligence to figure this stuff out on your own. This process is bureaucratic - not legal.

You should have filed the I-485 with the I-130. It would have been faster. When you get the receipt notice for the I-130 then go ahead and file the I-485, and include a copy of the I-130 receipt notice. See the guides here:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2