B2 expired overstayed, Married to a citizen

[Maria0101 0]

I'm a usa citizen and i'm married to a b2 visa holder but his visa expired on 2010, he came to usa on 2003 and overstay, on 2004 we had our first kid and now we have 3 kids but we weren't married, we just got married last year. Now i want him to get his green card, my lawyer already filled form I-130 and send it i got back form 1-797c notice action on august 29, haven't received anything else. i started to search online and i found that we had to filled form I-130 along with I-485 I-765 G-325A I-864 I-485 .. is that true or his situation is different since his visa already expired. what do i do now ,lawyer wants to charge more and i guess i'll just do this by myself. thank you

[Hypnos 6,576]

Follow the guide: http://www.visajourn...page=i130guide2 and instead of enclosing an I-130 simply include a copy of your I-797C NOA for the I-130 you have already filed. This will match it up in the system with your previously-filed I-130 and it will then proceed as a concurrently-filed case.

Edited October 23, 2012 by Hypnos

[DandT14 272]

Is this an immigration lawyer? Because it doesn't sound like he knows what he's doing.

You should have filed all your forms at once (concurrently). But, it's still fixable. You should follow the guide for concurrent filing, only in place of the I-130 packet, include your NOA for the I-130. Here's the guide: http://www.visajourney.com/content/i130guide2

And I wouldn't give that lawyer any more money. Maybe you should try to get back the money you already gave him, he cost you a lot of time by not filing correctly. It's one thing for a regular person to make the error of filing the I-130 separately, but a lawyer should really know better.

Good luck.

[DandT14 272]

I'm a usa citizen and i'm married to a b2 visa holder but his visa expired on 2010, he came to usa on 2003 and overstay, on 2004 we had our first kid and now we have 3 kids but we weren't married, we just got married last year. Now i want him to get his green card, my lawyer already filled form I-130 and send it i got back form 1-797c notice action on august 29, haven't received anything else. i started to search online and i found that we had to filled form I-130 along with I-485 I-765 G-325A I-864 I-485 .. is that true or his situation is different since his visa already expired. what do i do now ,lawyer wants to charge more and i guess i'll just do this by myself. thank you

I take it back, it sounds like the lawyer knows exactly what he's doing.

[Maria0101 0]

thank you, do you know if we could just send the I-485 and I-765 so he could start working legally, or he has to filed the I-693 and I-864 at the same time or could he do that later. also on the application G-325A does he has to put all his employments last five years, would it get him in trouble if he puts the companies names because he is working and we had filed our taxes together.

Edited October 23, 2012 by Maria0101

[Maria0101 0]

he isn't really a immigration lawyer, but since he is a "friends friend" we trusted him, but he just want to charge to filled the forms, which i found that are really easy.

I take it back, it sounds like the lawyer knows exactly what he's doing.

[DandT14 272]

thank you, do you know if we could just send the I-485 and I-765 so he could start working legally, or he has to filed the I-693 and I-864 at the same time or could he do that later. also on the application G-325A does he has to put all his employments last five years, would it get him in trouble if he puts the companies names because he is working and we had filed our taxes together.

You need to send it all together. The I-864 and I-693 go with the I-485. For the G-325A, he should put all his previous employers, whether legal or not. Illegal work is not usually an issue.

Did you file taxes jointly and accurately?

[Maria0101 0]

thank you , yes we have filed jointly and put our kids as our dependents.

You need to send it all together. The I-864 and I-693 go with the I-485. For the G-325A, he should put all his previous employers, whether legal or not. Illegal work is not usually an issue.

Did you file taxes jointly and accurately?

[Brother Hesekiel 2,235]

If a foreigner becomes the spouse of a U.S. citizen and wants to reside in the United States, they would file for Adjustment of Status (AoS) with the USCIS.

The following forms are needed:

I-130 (Petition for an alien relative),

I-485 (AoS),

I-864 (Affidavit of Support),

2 x G-325a (biographic info for both of you),

I-693 (the medical), and

I-765 (work permit—EAD)

The latter one is optional but FREE when submitted concurrently with the other forms what you want to do anyway, so absolutely file it!

Also needed is a check for $1,490. Personal check is okay and preferred as it allows you to trace when it was "cashed."

After about 10 to 12 weeks your husband will receive a plastic card which is the work permit (EAD). At about the 3 to 5 months mark, you'll have the interview. Thereafter he will receive his "conditional," 2-year Green Card.

Since your lawyer didn't know what he was doing, you will submit a copy of the approved I-130 with your AoS package. This way the two petitions will be joined at the USCIS.

Ask your lawyer to give you your money back. He's incompetent and his incompetence would almost have initiated consular processing in Ciudad Juarez. If your husband would try to attend the interview there, he'd not be coming back, based on the 10-year bar he would trigger when leaving. For that very reason do NOT file an I-131.

Edited October 24, 2012 by Brother Hesekiel