Filing I-485 package out of status and AP question.

E

EmRamz

New Member
Hello all, I have been reading immigration forums for a while and decided to give this one a try, here's my case so far. I have been married to an USC since Oct 07. For one reason or another we didn't get to file for my GC until now. I entered the US with a tourist visa but have obviously overstayed a considerable amount of time. I have basically been a homemaker since then and we have a child together, so I haven't worked nor broken the law in any other way and he has been filing taxes with me on them with the ITIN i have since we got married.
We sent the I-130 back in Nov 2010, I have my approval letter and I already went to get the medical part done for the I-485. I am filing the employment authorization also and I was wondering if there's any point in filing for AP. Does the ban apply to me too bc I overstayed even though I'm filing through my husband. I would like to visit my family as soon as I'm able but I'm not sure if I can use the AP or if it's better to just wait until I receive my GC.
Also, does being married this long actually help the process or does it hinder it bc we didnt file sooner?
And, should I enclose the same evidence I submitted in my I-130 with the I-485? It doesnt say in the instructions anything about the Bona Fide Marriage evidence but since I'm filing separately, would it help to add it again in this package?

Thanks for taking the time to read this, I've been doing this process without a lawyer and I get so confused sometimes.
 
You should have really filed concurrently. Make sure when you send your I-485, that you attach a copy of your approval notice for the I-130.
Theres no point applying for the AP because you have overstay and if you leave the US, you will trigger a ban.
If you want it just to have it you can apply for it but you just cant leave the US regardless,
Your overstay is forgiven when you marry a USC and file for your AOS.

It doesn't seem to be necessarily to file with the evidence that you filed with the I-130 as you have already been approved.

Best of everything
 
Thanks Mariposah. Yes, I should've sent it all together, those were the original plans but like i said for one reason or another we always had to postpone it, but I had the amount ready for the I-130 and I really wanted to start moving in any direction so we went ahead and sent that just so that I would be in the system and something was moving forward instead of having to keep on waiting and waiting for something to break for us.

Now, would this employment authorization allow me to get a driver's license and/or allow me to start the process of applying for a SSN?
 
Depending on where you are and what your state needs in order to give you a licence, the short answer is yes.

As soon as you file the I-485 and I-765 you will get a Biometrics appointment for both.

Once that is done, you will get your EAD in the mail and with that you can get your ssn.

Send the I-485 as soon as you can.
 
Thanks again! I have most of it ready to be mailed, I'm just waiting on the results from the Dr's office and it should all be ready to go next week. I'm happy to be closer to getting my GC.
 
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