Jump to content

Overstay, married, need some advice on application(merged)

16 posts in this topic

Recommended Posts

Hello all! I'm new here but I've been reading for a while. A very helpful site for so many people.

I came here on an H4 dependent visa when i was 17, and it expired when I turned 21. Did not work. No criminal history.

Met my US citizen husband when I was 23 and married 2 years later. We're now about to start on the applications and have been doing some research.

So far this is what I've found that I need to do:

- I-130 completed by my husband, supplemented with copies of his birth cert, our marriage cert, passport photos, and evidences showing a bona fide marriage and spousal relationship

- I-485, with copy of my birth cert, copy of my passport, passport photos

- I-765, with a copy of my I94

- G-325A for husband and I

- I-864, with a copy of his birth cert, tax return, w2, pay stubs, employer letter

- I-693

- Check for $985+$85+$420

Are those all that I have to turn in?

Do I really need a lawyer for this? I'm afraid because of my overstay. I've read on the internet, and some say yes some say no.

Edited by roxy8989

Share this post

Link to post
Share on other sites

:guides: ⬆️

You can get alot of help by following them.

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

Share this post

Link to post
Share on other sites

Yes I've read the guide pertaining to my situation and it's really helpful. I'm a little more confident that I have what I need to submit. My question is, is it okay for me not to hire a lawyer? I believe I'm pretty meticulous and organized when it comes to applications so there won't be any blank columns or whatever. Will I need a lawyer because of my overstaying?

Share this post

Link to post
Share on other sites

No you dont need a lawyer. If spouse is a usc that overstay is forgiven ;)

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

Share this post

Link to post
Share on other sites

Some people prefer to hire a lawyer as it is nice to have someone that's done the paperwork before. That being said, you mentioned that you're meticulous and organized! Just make sure that you absolutely submit EVERYTHING that is needed! Submitting these forms is a delicate matter, as forgetting to sign a document, or missing required evidence will result in you getting a request for additional evidence, and that in turn could slow down the processing of your paperwork.

One thing that might help you is to go over every single form, and creating a checklist of what is needed. You'll notice that some things will be included repeatedly. You'll need more than one copy of the G325 form because multiple forms ask for it. You'll also need more than one passport photo. It can get really overwhelming so just make sure to go over the list of requirements many times!

Filling out the paperwork isn't super hard, but it does require that you be organized and meticulous!

Good look with filing!!!!!!

AOS Package Sent: March 30, 2016

AOS Package Received: March 31, 2016

NOA Received by Mail: April 7, 2016

Biometrics Appointment: May 10, 2016

Biometrics Walk-In: May 9, 2016

Interview Scheduled: July 14, 2016

Share this post

Link to post
Share on other sites

Thank you so much, rangm021!

I have already created a checklist, and read the guide that pertains to my situation. It makes me feel relieved that I do not need a lawyer because we really cant afford to spend an extra 2k-4k. All I was worried about was my overstay, if i would need a lawyer to defend my case or whatever. Because ive seen on some sites that say that it is best to hire a lawyer if you have an overstay problem.

One thing I did not know was that I have to include multiple stuff when the foms call for it! Thank you for telling me! I was about to only put one G-325a each for me and my husband. Oops! Thank you thank you thank you! :)

Share this post

Link to post
Share on other sites

You can do this without an attorney, and as others mentioned, your overstay will be forgiven since your married to a USC.

Pull together all you can on evidence, here is a Very useful link.


Best wishes, I see your in Houston also,,, going to be a wait, Houston is slower then molasses in the dead of winter.

Adjustment of Status from a Visitors Visa:

Married: January 3, 2013

Chicago lockbox:

Sent: 9/12/16: I-130 + I-485 + I-765 (USPS)

Delivered: 09/15/2016

Received Texts of All 3 receipt's: 09/23/2016

10/04/2016 Received all (3) I-797C receipts via USPS

10/08/2016 Received Biometrics letter received

10/13/2016 Biometrics, walk in-successful.

11/18/2016 EAD card Approved. I-765 //64 Days

11/23/2016 Text from USCIS- EAD card mailed today

11/26/2016 EAD Card received in the mail.

12/01/2016 Applied for Social Security Card

12/08/2016 Received Social Security card in mail

12/14/2016 Applied for Texas ID card.

12/27/2016 Received Texas ID card in mail.

08/08/2017  Sent in paperwork for renewal of EAD card.

08/10/2015   Renewal petition for EAD delivered by USPS to USCIS

08/16/2017   Received text-email notifications EAD /AP renewal received by USCIS

10/02/2017   New medical done-other one long expired.

10/13/2017  Received letter of interview-- Nov. 13, 2017

11/02/2017  Received email and text, Interview cancelled, will be rescheduled.   Heartbroken....

12/18/2017  Still awaiting new interview date.  Have not received renewed EAD/AP card.....Waiting, waiting... Waiting.

12/29/2017  End of the year, not received new interview date or renewed EAD-AP card.  Happy New Year!!

01/25/2018  Welcome to 2018, not a damn word from USCIS on new interview date.


02/21/2018   Had interview, was told in about 4 weeks for a decision... more waiting......

02/23/2018   Renewal of EAD-AP card approved.

02/28/2018   Text from USCIS,  EAD-AP card mailed

03/03/2018   Received in mail EAD/AP combo card.

07/03/2018   Info Pass in Houston,   Houston USCIS office said they are 2000 petitions behind, give them till end of August, as they are doing clean up from interviews.

08/24/2018   Sent renewal petition for EAD/AP Card

12/07/2018   Still awaiting results from Houston interview.   We are not the only one's I hear. 


Share this post

Link to post
Share on other sites

Thank you for your reply Beth & Achraf!

And yes, i saw the processing times and houston has one of the slowest wait times! But im fine with that, as long as the EAD doesnt take too long, because i really want to start working already.

I'm so glad that this site exists. The site and the people are so helpful, makes me feel at ease

Share this post

Link to post
Share on other sites

~Moved from Fam.-based AOS to WorkST-based AOS Forum~

~Adjusting from work visa~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca


:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post

Link to post
Share on other sites

Hey guys I need help again :/

On the form i485 part 3 question 8 asks if I have been placed in deportation or removal proceedings before.

I am not sure what to put.

A couple of months before my H4 expired, I applied for a US tourist visa to lengthen my stay a little and think of what I should do. That was denied because I didn't show any proof. I sent the appeal with the reason for staying, and it was denied. I lost the paper that said it was denied and I remember seeing the phrase "will be subjected to removal proceedings". I just looked online and people said that it usually has a Notice To Appear date. Mine did not have that.

So am I in removal proceedings? What do I answer on the question?

Thank you in advance guys. You all have been a great help.

Share this post

Link to post
Share on other sites

No one can know the answer because you lost the details. Answer to the best of your ability.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

5/23/12: Sent out package
2/06/13: APPROVED!

Share this post

Link to post
Share on other sites

Call this number: 1-800-898-7180 and put in your A#. If it says there is no record, then you aren't in removal, yet.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011


Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014


N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.