Green card through marriage with a B2 visitor visa expired.

[Jeserguevara 0]

HELLO

I am a American citizen requesting a green card for my wife,she came to this country on 2003 and let her visitor visa B-2 expired. We got marriage a month ago and I already started filling the forms ( at least the ones I think I need) for the AOS but I have a few questions, any help will be appreciated.

Here's what I have already:

I-130 Package

Form I-130, Petition for Alien Relative along with

Payment as required by USCIS $420

Cover Letter

A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)

A certified copy of your certified marriage certificate (again, translated if not in Engligh)

Form G-325A Beneficiary

Form G-325A for Petitioner

(1) color photo – Beneficiary

(1) color photo – Petitioner

Evidence of a bonafide marriage?????[/u]

I-485 Package

Cover Letter

Payment as required by USCIS $985 biometrics fee of $85

Copy of the non US Citizen Spouses Passport

Copy of the non US Citizen Spouses valid I-94 her I-94 expired what should I do here?

copy of birth certificate along with English translation

A certified copy of your marriage certificate

Two passport-type photos

G-325A , Do I need this one on this package too?

I-693 Who complete this one? When to complete?

I-864

I-485 Supplement A , her I-94 with B-2 visitor expired in 2004 is the penalty required?

G-1145

I-601? required?

DO I SEND THE TWO PACKAGES TOGETHER? IN THE SAME PACKAGE? OR SEPARATE BUT SAME TIME?

ANY OTHER ADVISE WILL BE HELPFUL OR DID I MISSED ANYTHING?

THANKS.

[Penguin_ie 5,985]

**** Moving from AOS from Family visa to AOS from Tourist visa as OP came on a B2 ****

[kcoyclay1 98]

HELLO

I am a American citizen requesting a green card for my wife,she came to this country on 2003 and let her visitor visa B-2 expired. We got marriage a month ago and I already started filling the forms ( at least the ones I think I need) for the AOS but I have a few questions, any help will be appreciated.

Here's what I have already:

I-130 Package

Form I-130, Petition for Alien Relative along with

Payment as required by USCIS $420

Cover Letter

A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)

A certified copy of your certified marriage certificate (again, translated if not in Engligh)

Form G-325A Beneficiary

Form G-325A for Petitioner

(1) color photo – Beneficiary

(1) color photo – Petitioner

Evidence of a bonafide marriage?????[/u]

I-485 Package

Cover Letter

Payment as required by USCIS $985 biometrics fee of $85

Copy of the non US Citizen Spouses Passport

Copy of the non US Citizen Spouses valid I-94 her I-94 expired what should I do here?

copy of birth certificate along with English translation

A certified copy of your marriage certificate

Two passport-type photos

G-325A , Do I need this one on this package too?

I-693 Who complete this one? When to complete?

I-864

I-485 Supplement A , her I-94 with B-2 visitor expired in 2004 is the penalty required?

G-1145

I-601? required?

DO I SEND THE TWO PACKAGES TOGETHER? IN THE SAME PACKAGE? OR SEPARATE BUT SAME TIME?

ANY OTHER ADVISE WILL BE HELPFUL OR DID I MISSED ANYTHING?

THANKS.

I adjusted from a B1/B2 visa in 2009. Below is guideline for your cover letter and supporting documents.

U.S Citizen and Immigration Service

P.O. Box 805887

Chicago, IL 60680-4120

April 07, 2012

Nature of Submission – Petition for Alien Relative , Application to Register Permanent Resident or Adjust Status, Application for Employment Authorization, E-Notification of Application/Petition Acceptance

To Whom It May Concern:

Enclosed are the forms and supporting documents relating to the submissions stated above. The contents are listed below:

G-1145 – E-Notification of Application/Petition Acceptance

I-130 – Petition for Alien Relative

Check for payment in the amount of $420.00

Copy of US citizen's birth certificate

Copy of marriage certificate

Copy of non-US citizen's foreign birth certificate

Non-US citizen's G-325A Biographic Information

US citizen's G-325A Biographic Information

1 passport-style color photograph of non US citizen

1 passport-style color photograph of US citizen

Joint lease agreement

Joint bank account

US citizen's pension letter with spouse as beneficiary

US citizen's Last Will and Testament with spouse as beneficiary

US citizen's Health Care Proxy statement with spouse as health care agent

I-485 - Application to Register Permanent Resident or Adjust Status

Check for payment in the amount of $1070

Copy of non-US citizen's foreign birth certificate

Copies of non-US citizen's B1/B2 visa

Copy of non-US citizen's passport with biographic information

2 passport-style photographs of non-US citizen

I-693 sealed Medical Report for non-US citizen

G-325A Biographic information for non-US citizen

I-864 US citizen's Affidavit of Support

Copy of US citizen's passport with biographic information

Copy of US citizen's 2009 Federal Tax Form 1040

Copy of US citizen's 2009 W2 and Earning Summary

Copy of US citizen's 2009 Pension Statement – Form 1099-R

Copy of US citizen's 2010 Federal Tax Form 1040

Copy of US citizen's 2010 W2 and Earning Summary

Copy of US citizen's 2010 Pension Statement – Form 1099-R

Copy of US citizen's 2011 Federal Tax Form 1040

Copy of US citizen's 2011 W2 and Earning Summary

Copy of US citizen's 2011 Pension Statement – Form 1099-R

Copy of Marriage certificate

I-765 – Application for Employment Authorization

Copy of non-US citizen's I-94 (front and back)

2 passport-style photographs of non-US citizen

Copy of non-US citizen's passport biographic page

Copies of non-US citizen's visas

Copy of I-130 petition filed concurrently with I-765

Please note that you do not need 3 separate G-1145 form. Everything is mailed in one envelop. All the best

[Little_My 463]

VJ has a very useful step-by-step guide for adjustment of status, which can be found here: http://www.visajourney.com/content/i130guide2

Regarding evidence of bonafide marriage, the instructions for the I-130 include a whole list of examples of what that evidence can be. It is basically anything and everything that shows your marriage is legitimate, and not only for immigration purposes. This can include evidence of co-mingling of finances, such as joint bank accounts, joint loans/mortgage, joint credit cards etc; joint phone plan; photos; lease; etc.

You do not need the I-605 nor the Supplement A. The I-693, which is the medical form, has to be sent out with the package - otherwise your case won't move anywhere. Your wife has to make an appointment with a certified civil surgeon (list can be found on USCIS website) and get the medical check done. The doctor will fill out the form, and give it to you in a sealed envelope.

Everything has to be sent out together, as one package - but, the forms have to be able to "stand alone", so to speak, so even if/when the I-130 and I-485 request same document copies (such as passport, visa, etc.) you have to attach separate copies for each form. Assemble them separately, but once everything is ready, you mail everything out together.

The instructions for the forms explain all this - and the VJ guide is a great additional tool for this process. I suggest you take your time reading through the instructions, and the guide, to make sure you have everything together before sending anything out.

Also, just as a side note, you may want to file the I-765 form for Employment Authorization Document as well. That way your wife can start working while the AOS is being processed, which is particularly helpful if your case is delayed for any reason. Don't bother with the I-131 for Advance Parole. Because of your wife's overstay, she cannot leave the US until she has the actual greencard in her hands.

[Jeserguevara 0]

Applying for green card (AOS) after my B-2 i-94 expired? Penalties?

Married to US citizen after i-94 expired , it expire in June 2004. is there a penalty that I have to pay?

My husband files I-130, I-864 and G-325A.

I file I-485, I-131, I-765 and G-325A.

I-601? Needed?

I-693 who and when to complete this one?

Do we file everything into one package?

Any advise will be helpful.

[Little_My 463]

I just responded to your previous post - on this same topic, in this same forum. Better to keep your questions under one topic, it's easier to keep track of the responses. And, there's really no reason to start another thread on the exact same thing.

No, there is no monetary penalty. You can adjust status despite the overstay. Spouses of US citizens get some free passes when it comes to immigration, and having an overstay overlooked is one of those free passes.

The other questions are also in my other response - and in the instructions for the forms. And in the VJ AOS guide. But here they are again:

Do not file for the I-131, it is useless because of the overstay. You need to make an appointment with a certified civil surgeon for a medical, and the civil surgeon will fill out the medical form. Don't bother to send the forms out without the I-693 included. Yes, everything is filed together - this information is also available in the VJ guide, and in the USCIS instructions.

Edited April 7, 2012 by Little_My

[FinallyDone:) 10]

it shouldnt be a prob my husband overstayed his visa and i-94. we are AOS right now as we speak. as long as you entered legally you are fine.

[Jeserguevara 0]

Thank and sorry but I could not find it on the other forums.. But I'll do my best.

I just responded to your previous post - on this same topic, in this same forum. Better to keep your questions under one topic, it's easier to keep track of the responses. And, there's really no reason to start another thread on the exact same thing.

No, there is no monetary penalty. You can adjust status despite the overstay. Spouses of US citizens get some free passes when it comes to immigration, and having an overstay overlooked is one of those free passes.

The other questions are also in my other response - and in the instructions for the forms. And in the VJ AOS guide. But here they are again:

Do not file for the I-131, it is useless because of the overstay. You need to make an appointment with a certified civil surgeon for a medical, and the civil surgeon will fill out the medical form. Don't bother to send the forms out without the I-693 included. Yes, everything is filed together - this information is also available in the VJ guide, and in the USCIS instructions.

[Little_My 463]

Your first post is on this same forum.. http://www.visajourney.com/forums/topic/361633-green-card-through-marriage-with-a-b2-visitor-visa-expired/

The VJ AOS guide is here: http://www.visajourney.com/content/i130guide2

[Jeserguevara 0]

Thank you so much!!! we really apreciate everything.

VJ has a very useful step-by-step guide for adjustment of status, which can be found here: http://www.visajourney.com/content/i130guide2

Regarding evidence of bonafide marriage, the instructions for the I-130 include a whole list of examples of what that evidence can be. It is basically anything and everything that shows your marriage is legitimate, and not only for immigration purposes. This can include evidence of co-mingling of finances, such as joint bank accounts, joint loans/mortgage, joint credit cards etc; joint phone plan; photos; lease; etc.

You do not need the I-605 nor the Supplement A. The I-693, which is the medical form, has to be sent out with the package - otherwise your case won't move anywhere. Your wife has to make an appointment with a certified civil surgeon (list can be found on USCIS website) and get the medical check done. The doctor will fill out the form, and give it to you in a sealed envelope.

Everything has to be sent out together, as one package - but, the forms have to be able to "stand alone", so to speak, so even if/when the I-130 and I-485 request same document copies (such as passport, visa, etc.) you have to attach separate copies for each form. Assemble them separately, but once everything is ready, you mail everything out together.

The instructions for the forms explain all this - and the VJ guide is a great additional tool for this process. I suggest you take your time reading through the instructions, and the guide, to make sure you have everything together before sending anything out.

Also, just as a side note, you may want to file the I-765 form for Employment Authorization Document as well. That way your wife can start working while the AOS is being processed, which is particularly helpful if your case is delayed for any reason. Don't bother with the I-131 for Advance Parole. Because of your wife's overstay, she cannot leave the US until she has the actual greencard in her hands.

thank you!

I adjusted from a B1/B2 visa in 2009. Below is guideline for your cover letter and supporting documents.

U.S Citizen and Immigration Service

P.O. Box 805887

Chicago, IL 60680-4120

April 07, 2012

Nature of Submission – Petition for Alien Relative , Application to Register Permanent Resident or Adjust Status, Application for Employment Authorization, E-Notification of Application/Petition Acceptance

To Whom It May Concern:

Enclosed are the forms and supporting documents relating to the submissions stated above. The contents are listed below:

G-1145 – E-Notification of Application/Petition Acceptance

I-130 – Petition for Alien Relative

Check for payment in the amount of $420.00

Copy of US citizen's birth certificate

Copy of marriage certificate

Copy of non-US citizen's foreign birth certificate

Non-US citizen's G-325A Biographic Information

US citizen's G-325A Biographic Information

1 passport-style color photograph of non US citizen

1 passport-style color photograph of US citizen

Joint lease agreement

Joint bank account

US citizen's pension letter with spouse as beneficiary

US citizen's Last Will and Testament with spouse as beneficiary

US citizen's Health Care Proxy statement with spouse as health care agent

I-485 - Application to Register Permanent Resident or Adjust Status

Check for payment in the amount of $1070

Copy of non-US citizen's foreign birth certificate

Copies of non-US citizen's B1/B2 visa

Copy of non-US citizen's passport with biographic information

2 passport-style photographs of non-US citizen

I-693 sealed Medical Report for non-US citizen

G-325A Biographic information for non-US citizen

I-864 US citizen's Affidavit of Support

Copy of US citizen's passport with biographic information

Copy of US citizen's 2009 Federal Tax Form 1040

Copy of US citizen's 2009 W2 and Earning Summary

Copy of US citizen's 2009 Pension Statement – Form 1099-R

Copy of US citizen's 2010 Federal Tax Form 1040

Copy of US citizen's 2010 W2 and Earning Summary

Copy of US citizen's 2010 Pension Statement – Form 1099-R

Copy of US citizen's 2011 Federal Tax Form 1040

Copy of US citizen's 2011 W2 and Earning Summary

Copy of US citizen's 2011 Pension Statement – Form 1099-R

Copy of Marriage certificate

I-765 – Application for Employment Authorization

Copy of non-US citizen's I-94 (front and back)

2 passport-style photographs of non-US citizen

Copy of non-US citizen's passport biographic page

Copies of non-US citizen's visas

Copy of I-130 petition filed concurrently with I-765

Please note that you do not need 3 separate G-1145 form. Everything is mailed in one envelop. All the best

[Sandra G. 5,016]

Send copy if the expired I-94, no problem at all. Send the G325-A (beneficiary and petitioner)with form I-130.She needs to send I-693 form. The physician authorized by USCIS will file out this form. You have to submit the I-864 and submit transcript from IRS of your lat tax return along with employer letter. Copy of your passport (all pages) or birth certificate.Yep send evidence o bonafide relationship, joint bank account,utilities bill in name of both,copy of health insurance, card insurance and credit card in name of both, some pictures as well.If she wants to work submit the I-765 as well.DO NOT FILE I-131 because she is illegal and she should not travel abroad, not even with advance parole, until she gets her Green Card.