***Need HELP ASAP***

[CindyWood 0]

Hi...

I want to thank you in advance for reading this and providing me with the best info possible, I came into the US from south africa in June 2012 and my J1 visa expired June 2013, but then my DS form got renewed for a second year and this then expired on june 24, 2014. however i got married to a US citizen on June 19th 2014 and are only now getting the adjustment package ready to send in. I never left the country after we got married so now i am "out of status but have a marriage licence/ certificate.

We are sending all the forms in together,

Mine which is : $1070 His which is: $420

I-485 I-130

G-325A I-864

I-765 G-325A

I-131

I-693

(**Please correct me if im wrong, im doing all this on my own, so i could really use the extra help**)

On form I-131: Application for Travel document

1) Since i am NOT yet a permanent resident in the US (i am filing ALL forms together) does that mean i am filing Advance parole Document?

On form I-485: Application to register permanent residence or Adjust status

1) Does my husband have to file form I-485 as well ((*On the application it states: " If the spouse or child is in the United States, the individual derivatives may file their Form I-485 with Form I-485 for the principle applicant, or file Form I-485 at anytime after the principle is approved, if visa number is available"*))

2) "Who is NOT eligible to adjust status?" ... " D. You're authorized stay expired before you filed this application"

Considering both my visa and DS form is expired, does this mean i cannot apply for adjustment of status, or am i ONLY applying for PERMANENT RESIDENCE and that rule doesnt apply to me?

3) 11. Affidavit of support/employment letter

"Submit an Affidavit of support (Form I-864) if your Form I-485 is based onyour entry as a fiance, a relative visa petition (Form I-130) filed by your relative...."

Considering i Called USCIS and they told me my husband will fill out ONLY 3 forms, which is listed above, does that mean that he fills that out as my affidavit of support?

On form I-765: Application for Employment Authorization

1) Question 16. "Who may file form I-764"

not exactly sure what my answer would be. I am out of status and the spouse of a US Citizen. I have a legal marriage license and certificate

[HeartVanitas 0]

http://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-us-citizen

Hope this link can be helpful.

[Pitaya 2,577]

~Moved from Introducing our Members to WST-based AOS Forum~

~Inquiry about about adjusting from J1 visa~

[CdnRN 40]

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

I think most of your questions will be answered with the guide here. Just make sure you follow all links to the forms and also check the instructions with each form.

The USC fills out the I-130, and the I-865 - you may need a joint sponsor if his income isn't sufficient.

You will need a g-325a for him and you for the I-130, but just you for the I-485. You can apply for the EAD (I-765) and yes I-131 is advance parole.

Hope that helps. Good luck!

[Harpa Timsah 13,258]

Hi...

I want to thank you in advance for reading this and providing me with the best info possible, I came into the US from south africa in June 2012 and my J1 visa expired June 2013, but then my DS form got renewed for a second year and this then expired on june 24, 2014. however i got married to a US citizen on June 19th 2014 and are only now getting the adjustment package ready to send in. I never left the country after we got married so now i am "out of status but have a marriage licence/ certificate.

We are sending all the forms in together,

Mine which is : $1070 His which is: $420

I-485 I-130

G-325A I-864

I-765 G-325A

I-131

I-693

(**Please correct me if im wrong, im doing all this on my own, so i could really use the extra help**)

On form I-131: Application for Travel document

1) Since i am NOT yet a permanent resident in the US (i am filing ALL forms together) does that mean i am filing Advance parole Document?

On form I-485: Application to register permanent residence or Adjust status

1) Does my husband have to file form I-485 as well ((*On the application it states: " If the spouse or child is in the United States, the individual derivatives may file their Form I-485 with Form I-485 for the principle applicant, or file Form I-485 at anytime after the principle is approved, if visa number is available"*))

2) "Who is NOT eligible to adjust status?" ... " D. You're authorized stay expired before you filed this application"

Considering both my visa and DS form is expired, does this mean i cannot apply for adjustment of status, or am i ONLY applying for PERMANENT RESIDENCE and that rule doesnt apply to me?

3) 11. Affidavit of support/employment letter

"Submit an Affidavit of support (Form I-864) if your Form I-485 is based onyour entry as a fiance, a relative visa petition (Form I-130) filed by your relative...."

Considering i Called USCIS and they told me my husband will fill out ONLY 3 forms, which is listed above, does that mean that he fills that out as my affidavit of support?

On form I-765: Application for Employment Authorization

1) Question 16. "Who may file form I-764"

not exactly sure what my answer would be. I am out of status and the spouse of a US Citizen. I have a legal marriage license and certificate

Please read the VJ guide posted above and reread the form instructions. Your husband is not a derivative of you, he is the main USC petitioner/sponsor.

Your other questions: Advance Parole

If you read the instructions again you will see that the "overstayed" warning is not applicable to spouses of USCs.

USC petitioner needs to fill out the I-864 and supply all supporting evidence.

C9.

Good luck.

[seth2013 39]

Did you get the waiver for J-1 home residency requirement?