Married and Filing

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karissa2000

Registered Users (C)
Hello everyone, I am so happy I found this forum. So far I have been lurking and I hope someone can help me with one question. I just got married to a US citizen on Thursday (congrats to me and him :) ). However I am out of status and would like to know do I have to wait a certain period of time before I file for adjustment or can I do so right away. Also I think I undertand I have to file a I 130, I485 and I751 right. Thank you for your help.
 
How long have you been out of status? Waiting to file for adjustment of status will only mean that you are out of status for an even longer time. I think they forgive your violation if it is less than 180 days, and probably even if it is less than a year. Unless you plan to leave the U.S., but then you may be barred from reentry for 3 or 10 years, depending on how long you overstayed.
 
You need to file I130 and I485. I do not think you can file I751 (Petition to Remove Conditions on Residence) until you actually have a green card and it would not be approved until after you have been married for two years. File I765 if you need to work while waiting for the green card. The instructions for I485 tell you which other forms to include in your package (I693, I864, G325A, etc.)
 
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Okey, 3 years is a long time, so I do not know what they would do with your application. You should probably consult a good immigration lawyer before you proceed with your application.
 
karissa2000 said:
Hello everyone, I am so happy I found this forum. So far I have been lurking and I hope someone can help me with one question. I just got married to a US citizen on Thursday (congrats to me and him :) ). However I am out of status and would like to know do I have to wait a certain period of time before I file for adjustment or can I do so right away. Also I think I undertand I have to file a I 130, I485 and I751 right. Thank you for your help.
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Your overstay will be forgiven, since you are married to a USC. Just file for AOS soon (I-130, I-485..). You will find most infos on www.uscis.gov or in the first post of Ari4u's AOS Interview Timeline thread.
Good luck!
 
I am out of status because my mother and I entered as visitors in 2003and while we were here my mother died in a car accident. My aunts who we came to visit decided it was better for me to stay with them since I had no other family in my home country that would take care of me. I was already 19 at the time so I was too old to be adopted. So i have been livng in the US ever since.
 
karissa2000 said:
I am out of status because my mother and I entered as visitors in 2003and while we were here my mother died in a car accident.
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Oh my God, I am so sorry. Listen to what Patty579 says: go ahead and file, your overstay will be forgiven.
 
I stand corrected. Since you entered legally your overstay will generally be forgiven. Only if you leave the country does it matter for how long you overstayed. File as soon as possible. I see no good reason for waiting. Good luck and congratulations on your recent marriage!
 
Sorry to hear about that tragic accident =o( like patty stated, they'll usually forgive overstay when filing for AOS through marriage.

Good Luck! =o)
 
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