Adjustment of status ....after almost 4 years?

[dotpsc 0]

Hi,

I came to the US in March 2010 and married my American fiancee in may 2010. Now.. 3 and a half years later, we still haven't filed the adjustment of status paperwork. I know this is probably bad. We just didn't have the energy to go through more paperwork and the fee is not cheap either. Now I'm trying to get this started but me, and especially my husband and our sponsor are such big procrastinators. Anyway..that's kinda going of topic of what I am trying to ask here.

Will it be a problem doing it so many years after entering the country? Or should I at this point file different paperwork, a different form. I just don't know anymore. I don't want to get deported or something like that. Me and my husband are very happy. We just need to get our butts kicked and get this paperwork started.

Thanks for any help.

[Harpa Timsah 13,258]

You should file a slightly different packet because of the time. Include a I-130 and follow the instructions for a I-130/I-485 concurrent filing. That way you will get a 10-year card and avoid having to file to remove conditions. It does make it more expensive at close to $1500, but by failing to file you are putting yourself at great risk. You can be deported at any time.

Removal of Conditions is more than the I-130 so it ends up a bit cheaper.

You will also need a new medical exam.

Edited November 1, 2013 by Harpa Timsah

[Nina and Erwin 16]

You should find a good attorney... because you could put yourself at risk of detainment at the interview.. you will have to file a I-130 which will be a IR1

[Dave&Roza 748]

You should find a good attorney... because you could put yourself at risk of detainment at the interview.. you will have to file a I-130 which will be a IR1

Why will they be detained? Yes, the beneficiary has been out of status for over 3 years, but that is forgiven for the spouse of a USC. The USCIS knows that if they haul this person before an immigration judge, the judge will order them to file for AOS. The judge may give them a set time to do so and if they violate that then they are in deep do-do. IMHO, only if they end up at a CBP check point near one of the borders will they be detained, but that would be by the CBP not USCIS. Filing the proper forms puts them at no more or less risk then they have been living with for the past 3 years--IMHO.

OP: As others have said: file the I-130 with the I-485. You will need to get a new medical done by a civil surgeon (I-693) and include that with the package. Do not bother with the !-131 advance parole (AP) as you would be inadmissible if you left the country. You can file the employment authorization (EAD) I-765 should you all of a sudden desire to start working before the GC arrives.

Good luck,

Dave

[HK12 273]

You should find a good attorney... because you could put yourself at risk of detainment at the interview.. you will have to file a I-130 which will be a IR1

No need to unsettle the OP.

OP: yes, you have been out of status, but this will be forgiven because you got married to a US citizen. Also, no need for an IR1 visa... you are already in the country, so as others have suggested, file an I-130 together with an I-485 (and if you want to work before getting your Green Card, also file an I-765).

Good luck - tell your husband it is really important to get things in order (he brought you into the country, so it is also his responsibility to get things settled with immigration!), so you can stop worrying and enjoy your lives together.

Edited November 3, 2013 by HK12

[Nina and Erwin 16]

ok...

You should file a slightly different packet because of the time. Include a I-130 and follow the instructions for a I-130/I-485 concurrent filing. That way you will get a 10-year card and avoid having to file to remove conditions. It does make it more expensive at close to $1500, but by failing to file you are putting yourself at great risk. You can be deported at any time.

Removal of Conditions is more than the I-130 so it ends up a bit cheaper.

You will also need a new medical exam.

I think that your a moderator right?? just take me off this site.. because I don't get anything from here anymore..

[Nina and Erwin 16]

Why will they be detained? Yes, the beneficiary has been out of status for over 3 years, but that is forgiven for the spouse of a USC. The USCIS knows that if they haul this person before an immigration judge, the judge will order them to file for AOS. The judge may give them a set time to do so and if they violate that then they are in deep do-do. IMHO, only if they end up at a CBP check point near one of the borders will they be detained, but that would be by the CBP not USCIS. Filing the proper forms puts them at no more or less risk then they have been living with for the past 3 years--IMHO.

OP: As others have said: file the I-130 with the I-485. You will need to get a new medical done by a civil surgeon (I-693) and include that with the package. Do not bother with the !-131 advance parole (AP) as you would be inadmissible if you left the country. You can file the employment authorization (EAD) I-765 should you all of a sudden desire to start working before the GC arrives.

Good luck,

Dave

I was just stating what our attorney told us.. with this same situation... it was a legal opinion..there is nothing about this process that is peaches roses and unicorns..

[Boiler 43,745]

ok...

I think that your a moderator right?? just take me off this site.. because I don't get anything from here anymore..

Actually

He has not been adorned.

If you do not want to be on nobody is forcing you, just do not post.

[Nina and Erwin 16]

Actually

He has not been adorned.

If you do not want to be on nobody is forcing you, just do not post.

thanks...

[dotpsc 0]

We will do the I-130 - I-485 suggestion. It is so overwhelming though..I feel pretty stressed every time I even think about it so I usually just try to think of other things. Thank you all for the help, I feel a little better knowing what the right procedure is after so long.