Hello all, newbie who needs help!

R

runwithwolves

New Member
Hi all,

After reading on this forum i still have some questions that i'd like help with.
I am married to a US citizen and I have overstayed my WVP with a month.

My questions are:

1. Since i am in the US illegally at this point, what happens when i file for AOS, i mean in the application forms i will state the us address where i live with my husband, could they come and deport me then???

2. He is 12 yrs younger than me, will that be a problem? To me it is no problem because my former husband was 9 years younger than me, but i don't know how USCIS look at the age difference.

3. When it is time for the interview and you are going to present evidence of a bona fide marriage, how can i do that if i'm not approved for staying yet???
I'm talking about insurances, phone bills, mortgages etc. We only have photos, letters and phone calls as it is now and our marriage papers.

4. I used to be married to an American for 7 yrs, however we never lived in the US together, but in Sweden, and after the divorce, i never changed back to my maiden name, i still carry his last name, so when am i suppose to go through the process of changing my last name to my husband's and when they ask for maiden name on the application, should it be my former husband's last name or my Swedish last name from the past. I'm sorry if i sound confusing or don't understand!

5. At what point can i get a US driver's license, or can i just use my Swedish one when driving here? As for now i have an international one valid for another 8 months.

6. How long will it take to get work authorization because i hate the fact of being dependant on my husband, and i want to share the financial burden as soon as possible with him!

Thanks in advance!

Daniella
 
runwithwolves said:
Hi all,

After reading on this forum i still have some questions that i'd like help with.
I am married to a US citizen and I have overstayed my WVP with a month.

My questions are:

1. Since i am in the US illegally at this point, what happens when i file for AOS, i mean in the application forms i will state the us address where i live with my husband, could they come and deport me then??? They wont come and deport you, being illegal is forgiven when you apply thru USC

2. He is 12 yrs younger than me, will that be a problem? To me it is no problem because my former husband was 9 years younger than me, but i don't know how USCIS look at the age difference. Depends on the officer

3. When it is time for the interview and you are going to present evidence of a bona fide marriage, how can i do that if i'm not approved for staying yet???
I'm talking about insurances, phone bills, mortgages etc. We only have photos, letters and phone calls as it is now and our marriage papers. You dont need to be approved by USCIS to have join accounts with your spouse. since you have been here before, you must have SSN. You can use this for establishing any accounts

4. I used to be married to an American for 7 yrs, however we never lived in the US together, but in Sweden, and after the divorce, i never changed back to my maiden name, i still carry his last name, so when am i suppose to go through the process of changing my last name to my husband's and when they ask for maiden name on the application, should it be my former husband's last name or my Swedish last name from the past. I'm sorry if i sound confusing or don't understand!

5. At what point can i get a US driver's license, or can i just use my Swedish one when driving here? As for now i have an international one valid for another 8 months. Depends on the states but most will let you apply for DL with your NOA letter.

6. How long will it take to get work authorization because i hate the fact of being dependant on my husband, and i want to share the financial burden as soon as possible with him! varies from 30 days to 6 months

Thanks in advance!

Daniella
Click to expand...

see above
 
Daniella

You may have one BIG BIG issue regarding adjusting your status. I need some clarification from you. Under WHAT VISA were u admitted into the US ?. If it was under a VISA WAIVER PROGRAM of any kind you may need to start consulting with an immigration lawyer for your legal options . Reason being that you are not allowed to extend, change or adjust your status if you enter under the VWP You may need to start and read about the conditions associated with your visa waiver program.

Being Married to a US citizen does not under any circumstances mean you may qualify for a green card. I know my statement may be harsh. But i wish you all the best fell free to ask questions.

(8 CFR 245.1 (b) )

(b) Restricted aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and Sec. 245.10, is not included in the categories of aliens prohibited from applying for adjustment of status listed in Sec. 245.1(c), is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for adjustment of status: (Revised 10/1/94; 59 FR 51091)

(1) Any alien who entered the United States in transit without a visa;


(2) Any alien who, on arrival in the United States, was serving in any capacity on board a vessel or aircraft or was destined to join a vessel or aircraft in the United States to serve in any capacity thereon;


(3) Any alien who was not admitted or paroled following inspection by an immigration officer;

(4) Any alien who, on or after January 1, 1977, was employed in the United States without authorization prior to filing an application for adjustment of status. This restriction shall not apply to an alien who is:


(i) An immediate relative as defined in section 201(b) of the Act;


(ii) A special immigrant as defined in section 101(a)(27)(H) or (j) of the Act;


(iii) Eligible for the benefits of Public Law 101-238 (the Immigration Nursing Relief Act of 1989) and files an application for adjustment of status on or before October 17, 1991; or


(iv) Eligible for the benefits of Public Law 101-238 (the Immigration Nursing Relief Act of 1989), and has not entered into or continued in unauthorized employment on or after November 29, 1990.


(5) Any alien who on or after November 6, 1986 is not in lawful immigration status on the date of filing his or her application for adjustment of status, except an applicant who is an immediate relative as defined in section 201(b) or a special immigrant as defined in section 101(a)(27) (H), (I), or (J);


(6) Any alien who files an application for adjustment of status on or after November 6, 1986, who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the United States, except an applicant who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27) (h), (I), or (J) of the Act;


(7) Any alien admitted as a visitor under the visa waiver provisions of § 212.1(e) of this chapter; (Amended 7/23/97; 62 FR 39417)


(8) Any alien admitted as a Visa Waiver Pilot Program visitor under the provisions of section 217 of the Act and part 217 of this chapter other than an immediate relative as defined in section 201(b) of the Act; (Amended 7/23/97; 62 FR 39417)
 
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(8) Any alien admitted as a Visa Waiver Pilot Program visitor under the provisions of section 217 of the Act and part 217 of this chapter other than an immediate relative as defined in section 201(b) of the Act; (Amended 7/23/97; 62 FR 39417)
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the point is - she is an IMMEDIATE relative of a USC. Which makes her eligible to adjust her status.
 
4. I used to be married to an American for 7 yrs, however we never lived in the US together, but in Sweden, and after the divorce, i never changed back to my maiden name, i still carry his last name, so when am i suppose to go through the process of changing my last name to my husband's and when they ask for maiden name on the application, should it be my former husband's last name or my Swedish last name from the past. I'm sorry if i sound confusing or don't understand!
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Your maiden name is your maiden name - the one you were born with. Your current name is the one in your passport - your former husband's name. You can fill out the forms using your new husband's name and this way your GC will bear your new married name. After you get your work permit, you will be able to get an SSN with the new name.
 
letsien said:
Daniella

Being Married to a US citizen does not under any circumstances mean you may qualify for a green card. I know my statement may be harsh. But i wish you all the best fell free to ask questions.
Click to expand...

You probably should check all facts first, i came into the US under the VWP and i know i am not going to have any problems adjusting my status being married to a USC.
 
Daniella,

I entered the US under the same program, VWP and i overstayed for quite some months, and i was always worried that Immig. would find out and id be deported, never happened tho. Once you send off your AOS package and its in pending, they wont deport you.
The age difference shouldnt be an issue, it would be descrimination if it was. So longs you have proof you are in bonafide marriage you wouldnt have any problems.
Between the point of when you get your EAD and the GC interview you'll have a few months, plenty of time to have things put into both your names. We plan to do that as soon as i get my EAD. I've noticed ppl getting there EAD around the 2 and a half to 3 month stage. (Around 70 - 75 days) On average. Goodluck, and keep us all posted.
 
Wow thanks for all the replies, i really do appreciate your help!

But no, I do not have a SSN from being married to a US citizen before as someone assumed. We never had the desire to move to the US when we were married, we met in Europe where he lived at the time, so my question about how to have joint accounts, bills etc, is still something I wonder about. USCIS must be aware of this fact, yes?
This interview we have to go to, at what point is it held? I think I read on another website immihelp.com that for most people the interview is waived but in some cases they are called for an interview,
is this accurate information?

Daniella

http://www.immihelp.com/greencard/adjustmentofstatus/interview.html
 
runwithwolves said:
Wow thanks for all the replies, i really do appreciate your help!

But no, I do not have a SSN from being married to a US citizen before as someone assumed. We never had the desire to move to the US when we were married, we met in Europe where he lived at the time, so my question about how to have joint accounts, bills etc, is still something I wonder about. USCIS must be aware of this fact, yes?
This interview we have to go to, at what point is it held? I think I read on another website immihelp.com that for most people the interview is waived but in some cases they are called for an interview,
is this accurate information?

Daniella

http://www.immihelp.com/greencard/adjustmentofstatus/interview.html
Click to expand...

Everyone has an interview before their GC is approved or not. If your sending in the form I-765 you'll recieve an EAD card, which will entitle you to apply for SSN, Look for a job, obtain your DL and open a bank account, you'll also be able to have joint bills / accounts etc with your husband. As for the interview it varies from case to case, but im noticing for ppl on the forum its around the 100+ days .. Goodluck.
 
So we can send in I-130, I-485, I-765, I-864 and I-131 on the same occasion, then when I get my EAD I can apply for the SSN and DL even though I haven't been approved for my GC yet? What about the medical examination, can I do it at any time?

Thank you BumbleBee
 
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runwithwolves said:
5. At what point can i get a US driver's license, or can i just use my Swedish one when driving here? As for now i have an international one valid for another 8 months.
Click to expand...

For driving alone you can use the Swedish DL, not for ID purposes however. Some states do not even recognize the international driving permit (for example, California doesn't). You might want to check the DMV website of the state you're in/moving to.
 
runwithwolves said:
So we can send in I-130, I-485, I-765, I-864 and I-131 on the same occasion, then when I get my EAD I can apply for the SSN and DL even though I haven't been approved for my GC yet? What about the medical examination, can I do it at any time?

Thank you BumbleBee
Click to expand...

You can do your medical exam anytime prior to sending in the
forms, as you send your I-693 with your I-485. And it needs
to be done with a approved immig. civil surgeon, not sure if
you knew that or not. And yup we can get our SSN and DL
before the GC is approved, once you recieve your EAD! =)

And your welcome!
 
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