How long is too long ?

[invalidsession 0]

Hi all, I came to the USA (legally) in October 1995 with the honest intention of taking a look at what this great country had to offer and oh boy, it had a lot compared to my homeland of England. In January of 2006 I met the girl of my dreams and in February 2006 we were married. Nineteen years and two wonderful children later here we are in the state of Missouri by way of Chicago Illinois. Herein lies my/our quandry. We had originally filed for my permanent residency in Chicago but the impending arrival of our first born put a severe burden on our finances and we simply could not afford the fees at the time, fast forward to now and the burden of being here illegally weighs heavily on my shoulders. The thought of deportation from my adopted country and the possible loss of my wife and children has caused many a sleepless night. I have never burdened the system here with claims of unemployment or otherwise, always paid my taxes promptly and never been convicted of any crime other than the odd parking / traffic infingement. I have read many of the highly informative links here but nothing seems to point me in the right direction as regards getting this Albatross of agony from around my neck. Things have changed drastically post 911 and I would greatly appreciate it if someone could kindly point me in the right direction as regards finally gaining legal status.

Sorry for the long winded introduction;

Chris.

[Moustafa/Crystal 65]

Go to an immigration lawyer. They will help get you legal. This happens more often then you think. My neighbor who was here illegally for two decades is finally going through the process. Good luck!

[Ontarkie 13,917]

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas , from Introductions - As the OP is in the US this path is available to him.~~

[Boiler 43,436]

Happens

Basically you just do what you abandoned previously.

[invalidsession 0]

Go to an immigration lawyer. They will help get you legal. This happens more often then you think. My neighbor who was here illegally for two decades is finally going through the process. Good luck!

Thanks for the reply Crystal. My wife and I visited an immigration lawyer yesterday afternoon and while the consultation fee was worth every penny the future fees will be crippling in the short term at least. $1600 upfront to file for us and that doesn't include the government documentation costs. I found this site and was hoping to draw on the collective wisdom herein to guide me through the system without incurring any massive financial burden on my family. Is it feasible to go through the process ourselves or is a lawyer essential to our eventual peace of mind ?

Thanks again to all for your kind words.

Chris.

[Boiler 43,436]

This is a DIY site.

Having said that if you want to use a Lawyer that is your call.

[invalidsession 0]

Thanks for the reply Boiler, I see your origins are close to my own. DIY is why I registered here. I'm just a newbie wandering in the dark here but I'm determined to find the correct path through this maze of my own making. Any help and guidance will be most gratefully received and with luck and persistence I may in the future be able to assist others on this arduous path.

Chris.

[Boiler 43,436]

Nothing particularly unusual about by our case as shared, you just need to adjust.

The guides are a good place to start.

Anything you do not understand you can then ask for clarification.

[invalidsession 0]

Nothing particularly unusual about by our case as shared, you just need to adjust.

The guides are a good place to start.

Anything you do not understand you can then ask for clarification.

Thanks again. I'm just am unsure where to start. I'll check the guide forum again in more detail and ask questions if I'm unsure. Thank you for the reassurance.

Chris.

[Moustafa/Crystal 65]

I would say you have painted yourself into the poverbial "corner." I am pretty sure court appearances will be involved as you have broken the law (most likely in Omaha as you are in Kansas City now). If it was me, I would hire a good immigration lawyer because I think you will need them for more than just filing some paperwork. If I make a mistake filing my paperwork for the CR-1, I will get a checklist and worst case scenario denied....but no actual change in my life. If you make a mistake on your case, you will most likely be deported and flagged...making future immigration more difficult. I would expect legal fees at least triple that. But, in the end, whether you decide to use a lawyer or not is up to you. Good luck!!

[kzielu 1,147]

Thanks again. I'm just am unsure where to start. I'll check the guide forum again in more detail and ask questions if I'm unsure. Thank you for the reassurance.

Chris.

This http://www.visajourney.com/content/i130guide2guide - no reason to hire a lawyer - you are no different than dozen of people daily here that "accidently got married" and "accidently" overstayed their VVP / B2. Day or ten years of overstay - doesn't matter (unless you leave a country).

I say that with an assumption that you had not done something like claiming to be US citizen.

[LoveMyTico 999]

Easy adjustment of status. Read the guides ... You can file the papers by yourself. Trust me, you'll be fine !!

[Teddy B 17,251]

I would say you have painted yourself into the poverbial "corner." I am pretty sure court appearances will be involved as you have broken the law (most likely in Omaha as you are in Kansas City now). If it was me, I would hire a good immigration lawyer because I think you will need them for more than just filing some paperwork. If I make a mistake filing my paperwork for the CR-1, I will get a checklist and worst case scenario denied....but no actual change in my life. If you make a mistake on your case, you will most likely be deported and flagged...making future immigration more difficult. I would expect legal fees at least triple that. But, in the end, whether you decide to use a lawyer or not is up to you. Good luck!!

There will be no court appearances for this posters overstay. Barring any other criminal or misrepresentation issues, this is a simple adjustment of status case. All overstays and even working illegally are forgiven with marriage to a USC.

[Dohan 133]

No need for a lawyer. Immigration lawyers charge such high prices because immigration applications are so tedious, as we all know. Start by reading the guides, and downloading all the needed applications. Fill them out one by one, and attach all evidence. Make sure you check and triple check all your work and follow every guideline, ie some forms specify what color ink to use for the signature. Best of luck! We are here to help

[BritInMA 15]

The fact that you're legally married removes a whole heap of burden so far as I can work out; I think you should file yourself; I am in a similar situation in as far as i'm a Brit too, recently married to a USC, with a baby on the way (woohoo! Just entered 2nd trimester). I am not "illegal" just yet, but it may well go that way, but like the other posters said, overstays are forgiven when married to a USC.

My fees are, I believe $1490.00 - I am doing it all myself; You *do* need to sit down quietly for at least a day - the paperwork can be frustrating, and seemingly go round in circles, but suddenly it will all come together and you'll have a package ready to post to Chicago lockbox.

This is the paperwork I'm filing: I485, I765, G1145, I130, G325A x2, I864 and I131 - You might not want to file I-131, or if you do, don't use it. This is free and allows you to travel from/to the USA whilst your case is looked at; But as you've overstayed there is a chance you wont get re-entry even if parole is given.

Aside from the extended time, you and I are in similar situations!

For what it's worth, I say you file it all yourself; The main problem you have is an overstay, but if you're legally married, that is forgiven. I believe it's the same for work, if you've been working.

I cant imagine how bad the sleepless nights are - I've been having them, and I'm completely legal so far!

Keep us posted, and feel free to PM me if you want.

Oh and you'll need a medical from a state surgeon. Ring around all the offices; I got quotes from over $1,000 to the one I'm having this afternoon - $200 !!!!