I'm new here and have some questions

L

Lauren26

Registered Users (C)
I'm married to my husband a USC and we also have a son together who was born 2 months ago.
Now I originally came to the US to study and play college soccer and I did...I met my now husband.
He's in the military and got deployed and I decided to take a semester break...my friend whose husband was also deployed needed help with her kids and asked me if I could stay with her a little longer.
I did, not knowing I was overstaying my visa. My visa in my passport says that it expires in 2008...but after doing research on the internet I found out that I overstayed? Is that right?

My husband came home from Iraq after 12 months the beginning of this year but in the mean time he came home on R&R and that's how we got pregnant.
I was in the process of enrolling and transfering to a different university until we found out that I was pregnant.
Anyways, I'm enrolled in the military system and have my military and such...
they told me I needed to get a social security number but we have no clue where to start.

Now I'm scared that I have to leave my husband and my son behind. I love my family dearly and I wish I had some more knowledge about my status before deciding I was going to take a semester off....with another 6 months off following that. I just wish I could take my husband to my home country and just stay there...but he's in the army and probably will be until he retires.

Should I contact a lawyer asap? I'm not sure if the military attorneys would be much of a help....I guess the only help I can get is by prayer and hope that God will give me strength to go through this.

Thank you in advance.

Well we got married this past June, before our son was born.
 
yes, contact lawyer. but you should be fine since you came here legally and marrying a citizen. so unless along the way you did something else that leaves you out, you are okay.

good luck and i pray your husband, along with the rest, comes back soon and safe. he is doing a honorable and noble thing. thank him for me.
 
If your Visa was a student Visa and you are not currently enrolled in School,
Then you are "out of status"

Since you entered the country legally, and are married to a USC your Out os status will be forgiven once you file I-485 with your USC husband files I-130 on your behalf.

Do not leave the country and get yur I130 / I485 submitted ASAP.
 
Lauren26 said:
I'm married to my husband a USC and we also have a son together who was born 2 months ago.
Now I originally came to the US to study and play college soccer and I did...I met my now husband.
He's in the military and got deployed and I decided to take a semester break...my friend whose husband was also deployed needed help with her kids and asked me if I could stay with her a little longer.
I did, not knowing I was overstaying my visa. My visa in my passport says that it expires in 2008...but after doing research on the internet I found out that I overstayed? Is that right?

My husband came home from Iraq after 12 months the beginning of this year but in the mean time he came home on R&R and that's how we got pregnant.
I was in the process of enrolling and transfering to a different university until we found out that I was pregnant.
Anyways, I'm enrolled in the military system and have my military and such...
they told me I needed to get a social security number but we have no clue where to start.

Now I'm scared that I have to leave my husband and my son behind. I love my family dearly and I wish I had some more knowledge about my status before deciding I was going to take a semester off....with another 6 months off following that. I just wish I could take my husband to my home country and just stay there...but he's in the army and probably will be until he retires.

Should I contact a lawyer asap? I'm not sure if the military attorneys would be much of a help....I guess the only help I can get is by prayer and hope that God will give me strength to go through this.

Thank you in advance.

Well we got married this past June, before our son was born.
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I do not see an issue for you, provided that you file the I130/I485 package ASAP. You should not need an attorney for this, unless there are other complicating issues that you are not mentioning.

Incidentally, plan to handle the paperwork this time round a little more carefully --- ignorance is not an excuse in immigration law in most matters. Besides, I sincerely doubt your ignorance. A study visa is for study... generally,when one no longer studies, one is out of status. Not that complicated.

These matters are important -- treat it with the deserved respect.

Best wishes
 
thank you for not screaming, "you are an illegal alien! you broke the law!"

the forms are somewhat easy if you know what youa re looking at. Catholic Charities do the paperwork like for $500. do start getting copies of youe marriage certificate. your visa and passport. any bank accounts and rent receipts. the sooner the better, but it doesn't have to be done within two weeks or something like that. good luck.
 
Do I need to file the same paperwork for our son who was born 2 months ago?
Thanks in advance. I appreciate it very much.
 
Lauren,

If your son is born in US, he is a US citizen by birth.You don't have to file any more paperwork.
 
Addie_Goodvibes said:
If your Visa was a student Visa and you are not currently enrolled in School,
Then you are "out of status"

Since you entered the country legally, and are married to a USC your Out os status will be forgiven once you file I-485 with your USC husband files I-130 on your behalf.

Do not leave the country and get yur I130 / I485 submitted ASAP.
Click to expand...

May I ask what the reason is that you didn't need to file for I-864, G-325A and I-693?
 
IM85U said:
Lauren, you obviously started reading and are getting a good handle on this. Addie meant that the I-130/I-485 are the most important forms, but you're absolutely right that you need to submit those other supporting forms as well (all in one package, with separate checks.) You certainly don't need to pay an atty or "charity" $500 to read the directions on the forms. Just be aware that one of the forms asks for 3 years of tax documentation for your husband but that has been revised to require only 1 year now (the website you download the forms from has that info but it's easy to miss.) And keep posting questions up here - the forms may be a bit intimidating when you're starting out but it's really not that hard.
Click to expand...

Thank you :). I just printed out all the forms (I peeked at your signature info;)). Thank you again.
Do I still need to file for the medical information (I-693) even though I was being seen at the Army hospital here and delivered our son two months ago at that same hospital?
 
I was reading through the I-130 and because we're married less than 2 years, do we need to file the I-751 now or later?
Maybe I should post this in a separate thread.
 
Will the process be more complicated because of our son?
Once we get an interview date, do we need to take him with us? Or his birth certificate maybe? I guess we also need to keep our fingers crossed that my husband doesn't get deployed during this process. We're also in the process of getting a new assignment station...I'm almost certain that we won't go to Germany or Hawaii...but if so, would that mean that I can't go with my husband and stay where we currently reside?

I know I'm not quite there yet but I was just wondering.
 
Now we're currently living in Georgia, but in the process of moving to Washington state real soon. I'm scared that if we do send in our files now, whatever they send us won't get in our hands because we won't be living at this address anymore. Is it better to wait til we move and get settled there and then send in the forms?
 
IM85U said:
No, this thread is the right place for continuing questions. And no, you file the I-751 later, when you're approaching the 2 year mark.
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And this would of course be the 90 day period before the 2 year mark of your becoming a permanent resident(including conditional permanent residence.) You do NOT file it the 90 day period before your 2 year wedding anniversary.
 
Lauren26 said:
Now we're currently living in Georgia, but in the process of moving to Washington state real soon. I'm scared that if we do send in our files now, whatever they send us won't get in our hands because we won't be living at this address anymore. Is it better to wait til we move and get settled there and then send in the forms?
Click to expand...

This is a hard question to answer --- tactically, it is a good idea to file once you are settled at your new address, since change of address can be "lethal". I see several people regularly that have this problem and involves quite a bit of repair work, in terms of getting their address changed/petitions going again with USCIS procedures.

However, you are out of status and you want to remedy it ASAP. It would depend on a lot of factors, incl. how soon do you move, how long have you been out of status, what status you were on, have removal proceedings started etc.
 
maybe someone can answer me question....me (canadian) and my bf (american) are going to get married soon. once he files for my green card, how long does it takes on average for the process to start and for me to be able to get a SSN. I know everyones case is different. Would it be a year or longer?

thanks to anyone who can answer me
 
IM85U said:
You should probably start your own thread rather than hijacking this one.
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well i'm definately not trying to hijack any thread, since ppl are answering in this one and the topic is somewhat similar why not ask?? :confused: it's not like it's off completely off topic.
 
well, are you out of status? some people who have status get socials, so look into that. if no status, it could take like 3-6 months.

mrs. lauren, how much does your husband make? i know many soldiers don't make much and some have to get food stamps (beyond shameful). see, he will need ot make around a certain amount of money. is like 20k a year. and if you work, it won't really count.

so if you husband makes less than the following (found it):

http://www.uscis.gov/graphics/howdoi/affsupp.htm

For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam:
Sponsor's Household Size 100% Poverty Line 125% Poverty Line
3 16,600 20,750
Click to expand...

you will need a co-petioner that makes enough money.
 
McPheever said:
maybe someone can answer me question....me (canadian) and my bf (american) are going to get married soon. once he files for my green card, how long does it takes on average for the process to start and for me to be able to get a SSN. I know everyones case is different. Would it be a year or longer?
Click to expand...

You should ideally get the authorization to work after about 70 days of filing your petition. Based on the EAD- ( I-766) you have to apply for SSN. It takes 6 weeks after submitting the documents to the SSA to get a SSN.
 
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