How to apply for Adjustment of Status after 2 years married?

[MrVon 0]

I Legally entered with F-1 visa Jun/2009

Lost legal status around Sept/2009

Jan 2011 - Married us citizen

Mar 27 2013 (today) married married over 2 years now.

Thinking of applying in April/2013,

1. do i need I-601, Application for Waiver of Grounds of Inadmissibility based on fact that i was without legal status for more then a year or any other reason?

2. can i get unconditional green card right away based on being married for 2 years already?

3. Will there be any other differences on how to assemble AOS package for my specific case from "Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US", that's on your website?

Edited March 28, 2013 by MrVon

[Hypnos 6,576]

1) No, assuming you are currently inside the United States and have not left since going out of status.

2) Yes.

3) No.

[MrVon 0]

1. Forgot, i was also working without permit (running my company 1 person LLC) is that ground for I-601?

2. So all i pay is

• I-130 - $420
  
• I-485 - $985
  
• I-765 - $380
  
• Biometrics - $85
  
• DOS affidavit of support review - $88
  
• will NOT need form I-751 - $505?
  

Total around $1958?

Edited March 28, 2013 by MrVon

[Inky 1,111]

Moved from adjustment of status from family based visas to adjustment of status from work student tourist visas as OP entered on an F1.

[Hypnos 6,576]

Working illegally does not prevent you from filing for AoS when you are filing as an immediate relative of a US citizen. It does not forgive tax evasion though, so you should investigate paying back taxes if you did not pay them.

There is no charge for an I-131 or an I-765 when filed concurrently with, or subsequent to, an I-485. The fees would be $420 for the I-130 and $1,070 for the I-485 (inclusive of the $85 biometrics fee).

[Little_My 464]

Tervetuloa

As said before, neither unauthorized work nor overstay will prevent you from filing for AOS, and you won't need the waiver either. However, you should think really hard whether you have ever had to list a social security number in any form, and whether you have possibly used a false number or used someone else's - or, whether you have ever claimed to be a US citizen in any form. I don't know how establishing an LLC goes, but I would assume it takes some paperwork and filing of forms, so just checking to make sure..

Outside of those worst-case-scenarios, you should be good to go, as long as you haven't left the US since falling out of status, and as soon as you can stay here for as long as it takes for your AOS to be processed.

[MrVon 0]

I paid all taxes local and federal , for 2011, did not do 2012 yet.

and i did not fake any social security numbers or any other papers ever

Edited March 28, 2013 by MrVon