I-485, is this possible??

[RustyNail74]

Hi ,

I need help in deciding if I can file I485 for my wife.

I just got my US Citizenship this week. I have already filed I-130 for my wife in August 2004 which is still pending in CSC. My wife is in US right now but her I94 expired back in January 2004.

Could I apply for AOS (I-485) for her now? Would it be an issue since she overstayed here? What forms should I be filling along? I-131? Any idea how long will it take?

Any help would be greatly appreciated.

Thanks.

 

[asPapi]

Yes it is possible

Hi ,

I need help in deciding if I can file I485 for my wife.

I just got my US Citizenship this week. I have already filed I-130 for my wife in August 2004 which is still pending in CSC. My wife is in US right now but her I94 expired back in January 2004.

Could I apply for AOS (I-485) for her now?
Yes

Would it be an issue since she overstayed here?
Depends on the kind of visa she entered on.

What forms should I be filling along? I-131?
A copy of your I-797 for the Form I-130 you filed, Form I-485, Form I-765(if she intends to work). Do not file Form I-131 if she has overstayed for 180 days or more.

Any idea how long will it take? At least 6 months

Any help would be greatly appreciated.

Thanks.

Consult a competent Immigration Attorney if in doubt.

 

[tammy2]

Hi ,

I need help in deciding if I can file I485 for my wife.

I just got my US Citizenship this week. I have already filed I-130 for my wife in August 2004 which is still pending in CSC. My wife is in US right now but her I94 expired back in January 2004.

Could I apply for AOS (I-485) for her now? Would it be an issue since she overstayed here? What forms should I be filling along? I-131? Any idea how long will it take?

Any help would be greatly appreciated.

Thanks.

On what visa she came here? Did she come before your marriage? and when did she came here?

Anyway
There is package called I-485 Package. You need all the forms in that set

It includes I-130, I-485, I-864 Affidavit of support, Medical forms, EAD Advance parole. Just make sure that She will not go out of US until she gets her I-485 as she her I-94 was expired before

 

[RustyNail74]

I485

On what visa she came here? Did she come before your marriage? and when did she came here?

Anyway
There is package called I-485 Package. You need all the forms in that set

It includes I-130, I-485, I-864 Affidavit of support, Medical forms, EAD Advance parole. Just make sure that She will not go out of US until she gets her I-485 as she her I-94 was expired before

++++++++++++++++++++++++++

Well, she came in on visitor's visa and it expired in January 2004. After she got in, I filed for I-130.

In I-130, I mentioned her current residence in Toronto, Canada. I don't know if that would be an issue.

My concern is if I file I-485 and they see her visa already expired, what are her chances then?

Any suggestions??

Thanks in advance..

 

[RustyNail74]

I-485 !!!

Consult a competent Immigration Attorney if in doubt.

Do you think I would need a lawyer or this is something I can do it myself? FYI, my wife entered US on a visit visa and it has been expired for over 180 days..

Any thoughts??

 

[TheRealCanadian]

My concern is if I file I-485 and they see her visa already expired, what are her chances then?

Since she's married to a US citizen, there are no negative ramifications to the overstay. She just cannot depart the US until her I-485 is approved.

Is she a Canadian citizen? Why did she get an I-94?

 

[RustyNail74]

I-485 a posibility!!

Since she's married to a US citizen, there are no negative ramifications to the overstay. She just cannot depart the US until her I-485 is approved.

Is she a Canadian citizen? Why did she get an I-94?

Thnx for the response..

She is a Canadian Permanent Resident and that is why she entered US on a visit visa.

Well, when we got married & when she got out of status 3 years back, I was not a US Citizen so I am worried if that could be a possible problem.

So you suggest I just go ahead and file I-485.

Thnx.