Submitted I-130 and have a visa interview date

[Yayamancatch 0]

My wife came to the us when she was 3 months old with a visa. She overstayed the visa and has been here illegally since. I read somewhere that to avoid penalties we were to be married within 6 months of her 18th birthday. We did so.

So far we have filed the I-130 and have a visa interview in Juarez on June 23rd.

My question: should we have filed a I-485 as well?

is there a waiver to file so if anything goes wrong she wont be stuck in mexico?
should I file the I-485 now or if/when we return with the visa?

I just want to make sure everything is right before we go to mexico.

thanks to anyone who responds with helpful/useful info

sincerely,

This Guy

[Penguin_ie 5,984]

So she came legally (on a visa, as a baby), overstayed, and never left the USA since? If so, you should do AOS without leaving the country.

[Boiler 43,359]

Ohh yes, she should on not account leave the US without at least AP, she should adjust in country, most important.

[Done--Really 331]

If she never left the US, you absolutely do not want to get a visa at CDJ -- everything can be done without leaving the US. Please give us any additional details about her stay in the US and why you are headed down the path you are on -- there is still plenty of time to change directions without inadvertently causing a train wreck.

Please tell us every detail about your decision, and unless there is something untoward, you want to file AOS/EAD/AP here. Depending on the details, her leaving the country for any reason before getting an AP could be a disaster.

[Yayamancatch 0]

She has never left and been here since their crossing.

What is an aos?

So if we leave it would be a bad thing?

[aleful 1,905]

hi

adjustment of status, she shouldn't leave or she will trigger the 10 year ban and have to file a wavier

you should have filed concurrently with the i485, overstay is forgive if she entered legally to the country and marries a USC

file the adjustment of status packet

[Yayamancatch 0]

Wow!

Cannot thank you enough. So I should be doing the I-485? What other forms should I look into?

[Penguin_ie 5,984]

Yes, it would have been best to file I-130 and I-485 together but you can send the second set of forms now.

You follow this Guide: http://www.visajourney.com/content/i130guide2

[Done--Really 331]

This is one time that the immigration laws work in your favor !! Read the AOS guide at the top of the page -- it will tell you everything, and then come back with any questions you have.

[Yayamancatch 0]

So for the interview should I call and reschedule? What penalties if any will there be for missing/rescheduling the interview?

More directly, we have completed the affidavit of support, the boba dude marriage and the I-130. If I am to follow penguin-ie's advice, now we need the I-485 and the g-325? Will we be able to use the already submitted forms? Or have to resubmit?

Again thank you guys so much for helping out and helping me avoid a train wreck in Juarez. God knows I would not have loved that whole debacle

[Done--Really 331]

If you follow the AOS guide, you will not go to CDJ at all, so cancelling is better than rescheduling, of if you are nervous about AOS -- you shouldn't be -- you could move the CDJ interview out in time 2 - 3 months, and by then you should have the EAD/AP card in hand.

[Yayamancatch 0]

sorry I'm pretty new at navigating this website
is this the correct link?

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

if not can you show me the correct one

Thanks Done--Really

[Done--Really 331]

That's it !!

[Yayamancatch 0]

im filling out the I485 and I am confused.
there doesn't seem to be an option on part two: application type, that fits our particular situation as far as the reason she is filing AOS.
Also apparently we were supposed to receive a immigrant visa number??
is this confusion because of us not filing the I485?

[aleful 1,905]

hi

mark A, since she is filing concurrently with the i130 she will be adjusting status because of an approvable i130