GC Application - Anything i should be worried about?

[klik4it]

I came here to the USA on a F1 Student visa in 2002. Came here to got to grad school in Engineering. Then in August 2004 i met a USC and in December 2004 we moved in together. I stopped going to school at the end of the fall semester of 2004(december 2004) and did not graduate. In September 2007 we got married in court with her parents as the witnesses.
I have not worked anywhere since December 2004 till the current date (which also means i didnt pay any taxes in that time). I have not left the country anytime since i entered. my F1 expired July 31 2007 (but ive heard/read on this forum that it dosent matter when the visa expires because you go out of status when you stop going to school right?)
We have hired a lawyer to file our papers and represent us.
We will be filing the papers in february 2008 ( delay was due to $$$ and getting my birth certificate from home)

This is the general outline of our(my) situation. Feel free to ask if any more information will be needed to answer and id be happy to provide it.
my questions are:
1. Is there anything I/We should be worried about?
2. What are the chances of my GC application going through without a problem?
3. Will i get in trouble for overstaying my visa/not finishing school/ or anything else...?
4. For the filing fees does it matter who writes the checks? eg: me or my wife(USC)
5. Any general points of advice to keep in mind or follow.

Also i would appreciate any piece of advice that anyone can offer with regard to my filing process.

 

[mikew151]

1. One thing that I would worry is the IO might ask you why you didn't finish school because your current intention is to study here in US and you are currently don't have a job. So who is supporting you? Your wife? Is she making enough money to support both of you? 125% above poverty line.

2. Everyone that is applying for GC always has a chance running into problems

3. Overstaying your visa will be forgiven if you married USC.

4. It doesnt matter.

5. Like I said above. Make sure both of you have strong evidences of bonafide marriage. For example, join bills like tax return, utilities, credit card, bank account, leasing contract, photos, etc.

I am not trying to be judgemental or anything. I am just trying to see it from INS prespective.

 

[austriacus]

As far as USCIS is concerned you had a status violation in January 2005 and have been out of status. If you were never notified by USCIS that you're out of status, and your I-94 was issued for D/S you didn't accrue "unlawful presence" (which would trigger a 3/10 year entry bar) but generally speaking in your situation it would be safest not to travel outside the country until you get your GC.

If you're strapped for cash, you may want to consider handling the GC application yourself and don't pay a lawyer $$$ for it. Most people here have not used a lawyer, but it's a personal decision whether you want to take on this responsibilty yourself or entrust someone else with it.

Do you have your I-94 from your most recent entry?

 

[LucyMO]

Most people here have not used a lawyer, but it's a personal decision whether you want to take on this responsibilty yourself or entrust someone else with it.

however, if there is an error in your form, the lawyer will not be responsible for it.

 

[austriacus]

Thanks for pointing that out LucyMo, that's what I meant with entrust ... you trust them to do their job even though they might do it wrong.

klik4it, one thing you might consider would be to read up on the subject yourself and do the paperwork yourself, and have a couple $100 lawyer consultations (ideally with more than one lawyer) to just ask any questions you have that you're not sure about and feel we can't help you with. We'll try our best to save you these couple $100 as well. As an engineering grad student you should be able to figure this stuff out (engineering grad student here too!) In my assessment, the only thing a lawyer can help you with is to save you a little time up front.

 

[klik4it]

1. One thing that I would worry is the IO might ask you why you didn't finish school because your current intention is to study here in US and you are currently don't have a job. So who is supporting you? Your wife? Is she making enough money to support both of you? 125% above poverty line.

i didnt finish school because i didnt have money to finish.
she has been supporting me yes. the lawyer looked at her past 3 years tax returns and said her income qualifies.

If you're strapped for cash, you may want to consider handling the GC application yourself and don't pay a lawyer $$$ for it. Most people here have not used a lawyer, but it's a personal decision whether you want to take on this responsibilty yourself or entrust someone else with it.

Do you have your I-94 from your most recent entry?

the lawyer is already part paid for so going back on that is not an option. we are involved with every step...we havent handed everything to the lawyer and said handle it. if that helps for a clarification.

yes i have my I-94 from when i entered. it was stamped D/S. i havent left since i entered.

 

[klik4it]

Thanks for pointing that out LucyMo, that's what I meant with entrust ... you trust them to do their job even though they might do it wrong.

klik4it, one thing you might consider would be to read up on the subject yourself and do the paperwork yourself, and have a couple $100 lawyer consultations (ideally with more than one lawyer) to just ask any questions you have that you're not sure about and feel we can't help you with. We'll try our best to save you these couple $100 as well. As an engineering grad student you should be able to figure this stuff out (engineering grad student here too!) In my assessment, the only thing a lawyer can help you with is to save you a little time up front.

thats true that the lawyer wont be responsible for any mistakes. i am involved in every step. filling out the forms and such. the lawyer is there for consultations and our peace of mind that there is someone who knows the law on our side to help at anytime. know what i mean? i heard some people ran into intimidation on the part of the INS and having a lawyer is helpful IF that happens so we kind of prepared for that scenario.
i do constantly read up on this subject on here and do research and such. i will consult with you guys here also since it looks like there can never be too much information that you can have on this topic.

 

[austriacus]

Sure, klik4it, I understand. We often see people on these forums whose lawyers either made careless mistakes, and sometimes even seemingly make mistakes on purpose to charge their clients more for extra forms they have to send later. Having one for piece of mind is ok as long as you are on top of your own case, which it seems like you're committed to being. Good luck!

Since you have your I-94 you should have no problem to adjust status, and since it was issued for D/S most likely you wouldn't have a problem leaving and re-entering even though you're out of status (although I wouldn't recommend trying before you are issued a GC).