Just starting out

[UK_Fan 192]

I came to the US in Aug. 2005 for the first time as an exchange student. In Jun 2006 i went back home and in Jul 2006 i came back to the US on the same visa, because a local community college had told me, that while my visa is still good, i can enter US and start going to college... so i did. After one semester, i couldn't afford it anymore, so i stopped going to school, i never got another visa, i just stayed here and continued on living. In October 2007 i met my now husband and we've dated for 4 years, i began living with him a year into our relationship and we just got married this past Monday.

So we are in the process of filing our papers for me and i am a bit confused. I consulted with a lawyer almost 2 months ago, but i don't really remember all the details so i'm asking people who have had the same experience. Since I am out of status (i am an overstay), should we file I-130 and AOS and for work permit all at the same time? I am afraid that since i am out of status, they will make me go back home and wait. Or should we file I-130 from his name and wait for some kind of NOA and then file I-765 and AOS and whatnot.. Lawyer had mentioned something about me being able to get my SSN and work permit within 3 or 4 months of filing, but i don't know for sure what all we are supposed to file.

I much appreciate your all's help in this matter, i am open to all your experiences on this matter.

Edited November 25, 2011 by MariyaB

[Penguin_ie 5,994]

***** Moving from AOS from Family.. to AOS from Work, Student.. visa as OP came here on a student exchange *****

[ceadsearc 516]

What visa did you come on? The only potential issue would be if you came on a J-1 that had a 2-year home residency requirement that you didn't meet.

Otherwise, file everything at once. Don't bother filing for the 131 - you can't leave the country until you have a green card because of your overstay. AOS is processed from within the US and you can file for the EAD which would allow you to work once approved (about 3 months).

This is, of course, based on the assumption that your husband is a USC and not a LPR.

Edited November 25, 2011 by ceadsearc

[UK_Fan 192]

I came on J1 without the 2 year condition. My husband is a USC, but when I looked on the instructions about filing I-485, it said it requires some I-7 something other form that confirms NOA from filing I-130.. so should I wait and file AOS after the NOA comes in? Do you think we're gonna have any kind of trouble with this whole process? I know a lot if people do it, but im just a bit worried where I've overstayed and stuff.. I mean I haven't done anything illegal.. i just lived here.. didn't work or anything like that. Thanks for ur input, I appreciate it!

[Little_My 464]

Your overstay is not relevant for your AOS and won't prevent you from becoming a permanent resident since you are now married to a US citizen.

You will file the I-130 and I-485 together, along with all the required supportive documentation. The VJ guide for concurrent filing of I-130 and I-485 is very detailed and clear, so you should definitely utilize that along with all the official instructions for the forms. Don't bother to fill out the I-131 form for advance parole document, you won't be able to use it because of the overstay. You cannot leave the US until you have the greencard, as you are subject to a 10 year ban because of the overstay, which will trigger if you leave the country. The whole process usually takes around 5-6 months from filing the paperwork to getting the greencard, but it can be longer.

[UK_Fan 192]

Thank you very much for the input, I'm gonna try and file them together, but do i still have an option to wait till the NOA comes in and file the AOS afterwards? What if the I-130 doesn't get approved and i will pay for I-485 for nothing?

Also i have a question regarding the last name that i should put on the forms.. I don't have any ID that says my married last name on it, but at the clerk's office where we got our marriage certificate they told me that I am free to use my husband's name on the forms.. so i did, but now i'm not sure.. I haven't sent the forms off yet, so i still can change it.

Another thing, my husband is a veteran and he gets paid by the VA, which is a non-taxable income.. what should we do about that? I know that he's gotten some W2 forms, but I know that he doesn't have to pay any taxes..

Thanks again.

[ceadsearc 516]

Thank you very much for the input, I'm gonna try and file them together, but do i still have an option to wait till the NOA comes in and file the AOS afterwards? What if the I-130 doesn't get approved and i will pay for I-485 for nothing?

Also i have a question regarding the last name that i should put on the forms.. I don't have any ID that says my married last name on it, but at the clerk's office where we got our marriage certificate they told me that I am free to use my husband's name on the forms.. so i did, but now i'm not sure.. I haven't sent the forms off yet, so i still can change it.

Another thing, my husband is a veteran and he gets paid by the VA, which is a non-taxable income.. what should we do about that? I know that he's gotten some W2 forms, but I know that he doesn't have to pay any taxes..

Thanks again.

You can wait, but all that will do is take more time. When you get your NOA1, it doesn't mean approval - it means it's been received. It'll take several more months for approval. The I-130 will not grant you any period of authorized stay like filing the I-485 will, so you would continue to be out of status while waiting on the I-130 approval. It's better to file everything at once. Have you completed your medical already?

Not sure about the last time or the taxes, hopefully someone else can help.

[UK_Fan 192]

Medical? No i didn't know anything about it.. how would I go about it? Also what about background check? When i consulted with the lawyer, she told me that my husband would need to show a criminal background check, but looks like so will I, which is not a problem. Where would i go about the medical examination? Like i said, we just now started putting everything together, neither one of us has any experience in this matter.

Thank you!

[UK_Fan 192]

If i was to file both of them at the same time, should i put it all in one envelope, or send 2 different ones? Is there a big possibility of I-130 not being approved? Seems like we have all the evidence and all the right papers to go with it though.

[Little_My 464]

Okay, you obviously have a lot more reading to do. Before you even start filling out the forms, my suggestion is for you to really take the time to read the VJ guide for concurrent filing of I-130 and I-485, which you can find here:

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

In addition, you should get all the necessary forms and their instructions from USCIS website, print them out and read them through with time. You need to understand the whole process before you start getting the papers together, otherwise there is a big chance you'll miss something.

All foreigners who file for AOS have to get a medical check done by a designated civil surgeon. You can find a list of civil surgeons in your area from USCIS website. It can take a few days/couple of weeks to get the appointment depending on where you are located, so you should pick a civil surgeon and call for an appointment as soon as possible. You need to include the results in a sealed envelope with the AOS package.

Once USCIS has received your package, they will eventually send you an appointment letter to get your biometrics taken in an application support center. This will include photos and fingerprints. USCIS will run a background check on you once biometrics have been done, but if you have any convictions in your past you need to disclose them in your application.

There's really no reason to think the I-130 wouldn't be approved if your spouse is a US citizen and you two are legally married. Why do you think it wouldn't be approved?

And yes, all the paperwork goes into one envelope when you are ready to mail it out. Remember to enclose checks for the I-148 and biometrics, and the I-130.

Edited November 26, 2011 by Little_My

[ceadsearc 516]

Follow the guidelines here for Adjustment of Status. You need see a civil surgeon (USCIS provides a list by area on their site), who will fill out a seal I-693 that you must include when filing.

You don't need to actually go and procure a background check with the AOS. After filing, you will receive a notice to get your biometrics done (fingerprints) and the check will be run for you.

It's always possible the I-130 will be denied but it's unlikely. Almost everyone who files for AOS from a non-K1 visa files it all at once. You can mail everything in the same envelope.

[UK_Fan 192]

thank you so much for your all's help, i appreciate it very much.. i'm pretty sure our I-130 will be approved, i guess i'm just worrying for nothing. i've been reading up a lot on everything, but looks like i still have some to do!

[Brother Hesekiel 2,236]

The I-130 has one purpose only: establishing the relationship between the petitioner (your husband) and the beneficiary (you). So an approved I-130 has the following message:" Yes, this dude is a U.S. citizen, and Yes, the Russian chick is his lawfully wedded wife."

If your husband is a U.S. citizen, not still married to another woman, and you got married by a person who is authorized to marry people in the state you reside in, then the I-130 will be approved.

Since you are filing a bunch of forms at the same time, there's no waiting for the I-130 to be approved. It all happens at the same time they are processing the other forms plus doing the FBI background check plus scheduling the biometrics appointment. All of this is straight forward, everyday stuff for them.

Another thing to keep in mind is that unlawful presence and working without authorization is not being made an issue of at the AoS stage or thereafter. But . . . if you worked and made money since 2005 (and how else did you pay the bills?), you are required to give Uncle Sam his cut of the cash, meaning you were required to file an income tax return. If you haven't done so yet, do it now. The very last thing you want is being hassled for tax evasion, at the interview or after getting your Green Card. There are two things Uncle Sam expects from you:

1) to die eventually, and

2) to pay income taxes until you do.

[UK_Fan 192]

The I-130 has one purpose only: establishing the relationship between the petitioner (your husband) and the beneficiary (you). So an approved I-130 has the following message:" Yes, this dude is a U.S. citizen, and Yes, the Russian chick is his lawfully wedded wife."

If your husband is a U.S. citizen, not still married to another woman, and you got married by a person who is authorized to marry people in the state you reside in, then the I-130 will be approved.

Since you are filing a bunch of forms at the same time, there's no waiting for the I-130 to be approved. It all happens at the same time they are processing the other forms plus doing the FBI background check plus scheduling the biometrics appointment. All of this is straight forward, everyday stuff for them.

Another thing to keep in mind is that unlawful presence and working without authorization is not being made an issue of at the AoS stage or thereafter. But . . . if you worked and made money since 2005 (and how else did you pay the bills?), you are required to give Uncle Sam his cut of the cash, meaning you were required to file an income tax return. If you haven't done so yet, do it now. The very last thing you want is being hassled for tax evasion, at the interview or after getting your Green Card. There are two things Uncle Sam expects from you:

1) to die eventually, and

2) to pay income taxes until you do.

But i never worked.. and my husband's income is non-taxable..

[Soapz 14]

Submit proof why your husband doesn't have to file and send that in with the I-864. That'll take care of it.