Hello! I have a few questions and desperately need help. Plz take a min to read and maybe u can help...

[June 29 0]

I want to apologize if I am doing this wrong. I tried to start a forum but I couldn't. So, I am posting my message here.

I am married to the US citizen. We are currently almost done preparing the I-130 and I-485 with all the required documents and I have just a few questions. If anyone could plz answer I will really appreciate it.

1. I have worked illegally in the past using a social security card that was given to me previously on J-1 work and travel program. I know I have to put that on my application. My question: Is there a waiver for my stupidity of working illegally? If yes, where can I find it? Is there a fee?

2. I used to be a J-1 student when I did an exchange program. It had the 2 year rule (the one that says that u have to go back home for 2 years.) Well, I went back home for a year and them went to college in Bulgaria. My residence was still back home. Does that mean I can count the years in Bulgaria towards the years of "being back home"?

3. My passport expires at the end of this year. Does it in any way matter to USCIS? There is no way I can go home and get a new one...

4. When all the forms and documents are ready, what is the best way of putting them all together? I read about people putting a cover letter and putting the pictures in plastic bags, etc. I just need some guidance 'cause seeing that stack of papers makes me lose my mind. And I am bad at organizing papers

Thank you all very much in advance! Please don't hesitate to answer even if you only know an answer to one of the above questions.

Sincerely,

June 29

Edited May 22, 2012 by Kathryn41
to remove personal information

[Penguin_ie 5,986]

**** Moving from Introducing Members to AOS From Student, Work etc visa for better answers ****

[DandT14 272]

Here's the guide for filing concurrently:

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

I can't answer most of your questions, but others here will, I'm sure. I just want to strongly recommend that if that's your real name, you take it out. Or if you can't edit, request a mod to do it. It's never a good idea to put your real name in a public forum, and especially not while admitting to doing something wrong.

[June 29 0]

Here's the guide for filing concurrently:

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

I can't answer most of your questions, but others here will, I'm sure. I just want to strongly recommend that if that's your real name, you take it out. Or if you can't edit, request a mod to do it. It's never a good idea to put your real name in a public forum, and especially not while admitting to doing something wrong.

Thank you! I will do that right away!

[June 29 0]

**** Moving from Introducing Members to AOS From Student, Work etc visa for better answers ****

Thank you!

[DandT14 272]

Saturday nights are a little slow here, but no worries, someone will come here who has more knowledge on this subject than I do.

I know one thing that matters is if you claimed to be a US citizen to get your job. Do you remember filling out any forms where you would have said you were a citizen?

[Little_My 463]

For the 2 Year Home Residency Requirement, my understanding is that you have to be physically in your home country for 2 years before that requirement is fulfilled. If you have the 2yearHRR, you will most likely get an RFE requesting for proof of exact dates when you were in your home country to show that you have in fact been there for 2 years since finishing your exchange program. If you have not, then you would have to try to get a waiver for the requirement before you are eligible for AOS.

[Moomin 292]

As far as I know, both overstay and working illegally is forgiven being a spouse of a US citizen however there are too many if's in the question for it to have only yes/no replies. Someone might correct me if I'm wrong.

Doesn't matter if your passport expires. But probably would be a good idea to renew it/get a new one. Just scan your current one in case they take the old one, and if you need the info from the old one. They stamp your passport at your interview.

Try searching in the Visa Journey search field for home residency requirement, or a combination of keywords while you wait for some replies.

Good luck on your journey.

[June 29 0]

Saturday nights are a little slow here, but no worries, someone will come here who has more knowledge on this subject than I do.

I know one thing that matters is if you claimed to be a US citizen to get your job. Do you remember filling out any forms where you would have said you were a citizen?

No, I never did. I just showed my social security card and they assumed that I could legally work. Thank u so much for helping me out.

[June 29 0]

As far as I know, both overstay and working illegally is forgiven being a spouse of a US citizen however there are too many if's in the question for it to have only yes/no replies. Someone might correct me if I'm wrong.

Doesn't matter if your passport expires. But probably would be a good idea to renew it/get a new one. Just scan your current one in case they take the old one, and if you need the info from the old one. They stamp your passport at your interview.

Try searching in the Visa Journey search field for home residency requirement, or a combination of keywords while you wait for some replies.

Good luck on your journey.

Yes, I heard that they forgive you working illegally as long as you didn't forge any documents or didn't claim to be a citizen. What I don't understand is whether there is a waiver available and if I need to submit it with the I-130 and I-485..

I can't get a new passport cause I overstayed my visa and I was advised not to go back to my country even if I get the advanced parole.

Thank you very much for posting your comment!

[Moomin 292]

Your waiver is your spouse, so to speak. You don't need to submit something extra. Just make sure to put your employment history on the G325A. In that case you haven't misrepresented yourself by not including the information.

Your embassy/consulate told you that you can't get a new passport because of your situation?

They're absolutely right about staying in the US while AOS is pending, even with AP in hand. It's up to the individual CBP officer to let you back into the US, and since you overstayed it's better to play it safe for now.

[ValerieA 350]

The biggest concern I have is what did they put on your I-9 where you were working - did they check the "A citizen of the United States" box? If so, you may need to get a lawyer.

[grrrrreat 109]

I want to apologize if I am doing this wrong. I tried to start a forum but I couldn't. So, I am posting my message here.

I am married to the US citizen. We are currently almost done preparing the I-130 and I-485 with all the required documents and I have just a few questions. If anyone could plz answer I will really appreciate it.

1. I have worked illegally in the past using a social security card that was given to me previously on J-1 work and travel program. I know I have to put that on my application. My question: Is there a waiver for my stupidity of working illegally? If yes, where can I find it? Is there a fee?

2. I used to be a J-1 student when I did an exchange program. It had the 2 year rule (the one that says that u have to go back home for 2 years.) Well, I went back home for a year and them went to college in Bulgaria. My residence was still back home. Does that mean I can count the years in Bulgaria towards the years of "being back home"?

3. My passport expires at the end of this year. Does it in any way matter to USCIS? There is no way I can go home and get a new one...

4. When all the forms and documents are ready, what is the best way of putting them all together? I read about people putting a cover letter and putting the pictures in plastic bags, etc. I just need some guidance 'cause seeing that stack of papers makes me lose my mind. And I am bad at organizing papers

Thank you all very much in advance! Please don't hesitate to answer even if you only know an answer to one of the above questions.

Sincerely,

June 29

Answers:

1. Illegal work is not a problem for spouses of U.S. citizens, provided you never claimed to be a U.S. citizen fraudulently.

2. No, the home residence requirement is a requirement to be physically residing in your home country. You will need a waiver for this before you apply for adjustment of status.

3. No, you don't need an unexpired passport. But you should be able to get a renewal in the U.S. by applying to your country's consulate.

Edited May 22, 2012 by Kathryn41
to remove personal information from quote

[jkb11 26]

I want to apologize if I am doing this wrong. I tried to start a forum but I couldn't. So, I am posting my message here.

I am married to the US citizen. We are currently almost done preparing the I-130 and I-485 with all the required documents and I have just a few questions. If anyone could plz answer I will really appreciate it.

Congratulations on your marriage!

1. I have worked illegally in the past using a social security card that was given to me previously on J-1 work and travel program. I know I have to put that on my application. My question: Is there a waiver for my stupidity of working illegally? If yes, where can I find it? Is there a fee?

There is no waiver. Unauthorized employment is forgiven if you're adjusting as a spouse of a US citizen. It's a non-issue for you. As long, of course, as you have not misrepresented yourself as a US citizen at any time. I would double check your I-9's you filled out with all your employers.

2. I used to be a J-1 student when I did an exchange program. It had the 2 year rule (the one that says that u have to go back home for 2 years.) Well, I went back home for a year and them went to college in Bulgaria. My residence was still back home. Does that mean I can count the years in Bulgaria towards the years of "being back home"?

This _might_ be an issue. What you should do is contact the nearest embassy/consulate of Turkmenistan (here's the link to the embassy with a phone number: http://www.turkmenistanembassy.org/) and ask about a "No objection" letter. Tell them about your situation and that you're a subject to the 2 year foreign residency requirement. It is a common issue so they should know what you are talking about and help accordingly.

3. My passport expires at the end of this year. Does it in any way matter to USCIS? There is no way I can go home and get a new one...

I can't answer if it matters or not, more experienced members might say a word or two. I know for sure you should be able to obtain a passport while you are in the U.S. You need to contact your embassy and/or consulate in the U.S. to apply for a new passport.

4. When all the forms and documents are ready, what is the best way of putting them all together? I read about people putting a cover letter and putting the pictures in plastic bags, etc. I just need some guidance 'cause seeing that stack of papers makes me lose my mind. And I am bad at organizing papers

I will speak from my personal experience. When I was filing my I-129F, I used:

- plastic sleeves

- binder tabs

- prong paper fasteners to clip the whole file together (these ones: http://www.officedep...aper-Fasteners/)

- paper clips

- adhesive labels

I divided the whole file into sections:

- check, cover letter, I-129F with supplement, G-1145

- G-325A, photographs

- Proof of citizenship (passport copy)

- Letters of intent

- Proof of meeting

Each section was preceeded by a binder tab describing it, put separately into a plastic sleeve with a paper clip holding all the papers together. Everything was put together using a pair of paper fasteners. Any pictures I attached were put separately in zip lock bags with adhesive labels, clipped with two paper clips to a blank piece of paper.

You are also more than welcome to read the I-130/I-485 guide: http://www.visajourn...tent/i130guide2

Cheers!

Edited May 22, 2012 by Kathryn41
to remove personal information from quote

[Sandra G. 5,016]

If you are subject to the two-year rule then you cannot petition for an Adjustment of Status if you have not yet met the Foreign Residency Requirement. You need an waiver to overcome the requirement ok.

http://travel.state.gov/visa/temp/info/info_1296.html