forms for an overstay

B

BumbleBee76

Registered Users (C)
Hi
I am an overstay, but not from a visa, its a visa-waiver, im from Australia.
I had a child here in USA (to an american citizen), and im marrying my boyfriend (my childs father) in a few weeks, i would like to try to change my status if possible so that i may live here, but was wondering if anyone can tell me which forms i need to fill out in oder to do so. Any advice would be great.
Cheers
 
There are no specific forms that you need to fill in for your overstay, as overstays are forgiven by USCIS if you are married to a US citizen. However because you entered on a visa waiver you will most likely to be asked in your Green Card interview to prove that you did not enter the country with the intention of remaining here. The best way to do this is to have your return ticket available.

Also note that by adjusting from a visa waiver, that you're waiving all rights to appeal if USCIS deny your case.
 
So, once we are married, what would be my next step... I would need to apply for something wouldnt i, in order to stay here without being deported.

and thanks for your reply/advice dr Iha
 
dr_lha said:
Also note that by adjusting from a visa waiver, that you're waiving all rights to appeal if USCIS deny your case.
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Does that apply to former J1 visa holders, do u know?

Thanks
 
BumbleBee76 said:
So, once we are married, what would be my next step... I would need to apply for something wouldnt i, in order to stay here without being deported.
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You would need to file an I-130, an I-485 and an I-765 if you wish to work. If you overstayed by over 180 days then you are subject to re-entry bars, so do not bother applying for Advanced Parole (I-131), you cannot use it.
 
Thanks Iha :)... FYI, for J1's, I read somewhere that J1's cannot overstay unless overstay was declared by immigration judge. I should dig again because I forgot where I found it but basically that's good.
 
I also have another query im hoping someone could help me with, once im married and have sent off all 3 forms. am i allowed to work once work form has been authorised or would i need to wait until all forms approved/or interview. Does anyone have any idea?
 
BumbleBee76 said:
am i allowed to work once work form has been authorised or would i need to wait until all forms approved/or interview. Does anyone have any idea?
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You are allowed to work once your EAD is approved or the I-485 is approved, whichever comes first (usually the EAD approval).
 
App. you will wait 3 months untill you get work authorization. However, if you get request for further evidence, that will prolong authorization for another 3 months (upper level). (Some people got it before expiration of those 3 months.)
 
Glorya said:
Thanks Iha :)... FYI, for J1's, I read somewhere that J1's cannot overstay unless overstay was declared by immigration judge. I should dig again because I forgot where I found it but basically that's good.
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I-94 annotated with "D/S" which is genenrally given to F and J holders are technically not considered overstayed until immigration officer concludes so, and it doesn't trigger entry bar immediately. However, it's not good idea to travel under such circumstances.
 
Hi All
Thanks so much for the replies, and advice, it has been so helpful, we
now feel like we have some idea of what we're doing and how we go
about it.

I do have one more question, for those who have already married
US citizens, just say my application is all approved and i have an
interview regarding the GC, would it be in my favor if we had got
married thru a local JP, or a normal wedding.. does this have any
affect on the outcome on GC being approved? We are thinking of
just going to local JP but we want to see what our options are
as this will be the first and only wedding for both of us.
any advice would be great! :)

Cheers
 
I don't think it matters as long as you have enough of additional material to proove that your marriage is real. What they care the most, as far as I could notice, is existance of financial bond (for example: leases, mortgage, car notes, utility bills, credit cards, insurance, joint cheking/savings accounts-all of these joint, statement of your landlord, employer, people who know about your relationship). Letters showing your home address can be used as well (for both of you). We got married in the court house but I am not worried about it because we have more then enough of extra materials to proove that we are the real deal. So it's really up to you. If you have enough materials, don't worry about the wedding itself. Plus, immigration officers are aware of how costly everything is nowadays, especially for young couples that are just starting out.
 
BumbleBee76 said:
Hi
I am an overstay, but not from a visa, its a visa-waiver, im from Australia.
I had a child here in USA (to an american citizen), and im marrying my boyfriend (my childs father) in a few weeks, i would like to try to change my status if possible so that i may live here, but was wondering if anyone can tell me which forms i need to fill out in oder to do so. Any advice would be great.
Cheers
Click to expand...

My now wife, entered the country in June 2004 on a Visa Waiver we became pregnant and she overstayed, we were married later that year and we just filed her AOS package this past June ( 2 years from the time she first entered)

So far as long as you prove the legitimacy of your marriage, and get married all you need to file is Adjustment of Status Your overstay will be forgiven if you marry USC,
The forms you need to file can be found hereUSCIS Forms

File I-485, G-325 with I-693 & if you plan on working prior to receiving GC file I-765
USC husband will file
I-130 on your behalf with G-325A
In addition USC husband must Submit I-864 (Affidavit of support)

See attached for a detailed description of each form you will need, costs for filing and support evidence that must accompany each form.And sample cover letter.

We filed everything ourselves using attached cover sheets , it cost us just under 1000.00 USD and we have our AOS interview scheduled next week, my wife has already received her EAD card, SS#, & Drivers Liscense.

Good Luck!
 
Thanks so much for the detailed reply Addie, it was real helpful.
just one question tho, Do we need to file both G 325 and G 325a forms?
I was reading thru the information on the I 485 forms, and it mentions submitting the G 325a form with the I 485, but nothing was said about
the G 325. When you submitted your forms did you have them all
together? Everything seems so confusing. I hope we get this all correct.

Cheers.
 
BumbleBee76 said:
Thanks so much for the detailed reply Addie, it was real helpful.
just one question tho, Do we need to file both G 325 and G 325a forms?
I was reading thru the information on the I 485 forms, and it mentions submitting the G 325a form with the I 485, but nothing was said about
the G 325. When you submitted your forms did you have them all
together? Everything seems so confusing. I hope we get this all correct.

Cheers.
Click to expand...

sorry for confusion I-485 instructions state to use G325-A
You should go to USCIS webpage and complete G-325A online It is an online Fillable form, when you print it , it will print in quadruplet ( 4 copies of same form which you will mail with your I-485 & Your USC spouse will also complete G-325 A.


See links to all forms below, read instructions for all forms to verify what is needed,
I-485 Application to adjust Status + G325A for you ( in quadruplet)
I-693 medical form info
Civil Surgeon Locator

I-130 Petition for Alien Relative+G325A (in quadruplet) for USC
I-864 EZ Affidavit of Support with all support documents (recent Tax returns, pay stub. letter from employer)

Send all the above forms in One Envelope with seperate cover sheets like my examples. Send in seperate checks with each form, use Fed Ex or USPS Priority mail return receipt.
I was pretty detailed and accurate with the info I provided but double check by reading General Tips on Assembling Applications for Mailing & USCIS indivdual forms instructions. Let me know if you need anything else.

Good Luck!
 
Thanks for clarifying that for me, now i feel i understand things more
clearer. I have all forms, and everything is set to go.
will keep you posted! =)

Cheers
 
Addie,

Thanks for the attachments. :)
I have a question: Do you have to have a notarized copy of U.S. Marriage License?
 
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