Just Starting the Process & Not Sure Which Form to File

[kyoto_guy 0]

I am a USA citizen (born in the USA) but lived overseas for the last 27 years until this year.  My spouse is Japanese and arrived here on a tourist visa as we thought we would return to Japan but I got a job in the USA in May and we have stayed here ever since.  I was told that because I am from the USA that a spouse overstaying the tourist visa can be forgiven but we need to file some forms ASAP. 

 

I paid a lawyer about 2,000 USD a few months ago but haven't heard from him in months so I was told that I could do this on my own instead of finding a new lawyer.  

 

What form would I need to use in order to do an adjustment of status procedure?  

 

Thanks for any advice you can give to us.

[appleblossom 5,108]

1 minute ago, kyoto_guy said:

I am a USA citizen (born in the USA) but lived overseas for the last 27 years until this year.  My spouse is Japanese and arrived here on a tourist visa as we thought we would return to Japan but I got a job in the USA in May and we have stayed here ever since.  I was told that because I am from the USA that a spouse overstaying the tourist visa can be forgiven but we need to file some forms ASAP. 

 

I paid a lawyer about 2,000 USD a few months ago but haven't heard from him in months so I was told that I could do this on my own instead of finding a new lawyer.  

 

What form would I need to use in order to do an adjustment of status procedure?  

 

Thanks for any advice you can give to us.

 

You absolutely need to file asap given the current administration. S/he is at risk of deportation - tell her to keep his/her head down and stay at home as much as possible. 

 

 

Make sure your spouse is ok with not being able to work or leave the US for many months. If s/he isn't, then consular processing may be a better idea. 

 

And double check with your spouse to see what s/he said when entering the US. As long as s/he told the truth (and could evidence the intent to return if pushed, i.e. showing s/he had a job they were expected back at, had a property they hadn't given up, etc), then you should be fine. 

 

Follow the guide at the top of the page, good luck - 

 

[igoyougoduke 1,706]

You can start with the list of forms below

--------------------------------------------

 

Mandatory I-130 (Petition for Alien Relative),

Mandatory I-130A (Supplemental Information for Spouse Beneficiary),

Mandatory I-485 (Application to Register Permanent Residence or Adjust Status),

Mandatory I-864 (Affidavit of Support) under Section 213 of the Immigration and Nationality Act

Mandatory I-693 (Report of Medical Examination and Vaccination Record),

Optional but recommended I-765 (Application for Employment Authorization), and

Optional but recommended I-131 (Application for Travel Document).

 

You can file I-130/i-765/i-131 online at uscis.gov by creating an account. You will have to postal mail the i-485 application. As others have said. do not DELAY.  Do it before her legal status expires aka i-94 validity as a visitor visa 

 

DO NOT DELAY !!!!!!