Expired I-94 ---> AOS

Kinre

New Member
I am a visitor who entered the country in March of 1999 on a 90 day visa, meaning my I-94 expired over 4 years ago. I am currently married to a US Citizen. My question is--- "Is it possible to apply for Adjustment of Status despite the unlawfull presence in the country ?". I really don't know if unlawful presence (not illegal entry) affect adjustment of status.
 
aos possible

if you are married to a USC you shouldnt have any problem
you would have to file form I 130, I 485, I 765; do not apply for advance parole since you over stayed cause they will not let you in the country. so i suggest you apply for the I 130 I 485 and I 765 concurrently, make sure you include all the supporting evidence.

for the I 130 make sure you include with the fill aplication your birth certificate, her birthcertificate, your photo, a photo of her, the appropiate fee, her biographic info, your biographic info.....your marriage certififcate and all translation of all paper that are not in english include a copy of your passport as well as a copy of the I 94 fi you still have it

for the I 485 make sure you include the appropiate fee as well as a copy of your birht certificate with all the english translation, also include for I 864 sign and notarized as well as the copy of the W2 form for the past 3 years of your wife, with a copy as well of all those 3 years income tax return. also include you r2 picture as especified in the form. include also the $ 50.00 dollars for finger printing. read the form and include all other evidence not mentioned also include you biogrpahic info as well. make sure you make copys of all the form and evidence you send them for your records. i also suggest that you bymoney orders is better and also make copies of those money order.

for the I 765 ....fill the form as well, and send your 2 picture and mark c9 on the qualifie section


include all this 3 forms with all the supporting document i have mentioned above as well as anyother one that applied to you that are mentioned on the forms. make sure that you send all this form together on the same envelope to your Local INS/BCIS
if you never been arrested your case should be smooth.....you will be on your way



I 130 is the relative petition
I 485 is the adjusment of Status
I 765 is the application for Employment Authorization


after that you should be fine it will take the local office between 15 to 20 day to send you a receipt as well as to some info as to when you will get you ead I 765 and how long it will take for AOS



good luck !
 
You have to face 3 year ban if over stay more than 6 months or 10 year ban if over stay 3 years for entering US. However you can apply for a waiver because of extramly hardship for you spouse.

Good luck!
 
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