Need advice regarding Permanent residence

S

Svenhart

Registered Users (C)
Hi i was reading some of the other posts in the forum and i found that a lot of people are very helpful. I really hope you can help me as well. I'm german and came to the U.S on June 15th, 2003. i am also married to a U.S. Citizen. I came here on a visitors visa which was valid for 90 day's So now i am an out of status alien. I was not able to file any forms with the INS due to severe financial problems. My Wife did not have a job back then and could have not sponsored me. But now she maes good money and i finaly want to getinto the immigration process.

Since i am an out of status alien i don't know what to do first to get everything on it's tracks. Help would be greatly appreciated.
 
Svenhart said:
Hi i was reading some of the other posts in the forum and i found that a lot of people are very helpful. I really hope you can help me as well. I'm german and came to the U.S on June 15th, 2003. i am also married to a U.S. Citizen. I came here on a visitors visa which was valid for 90 day's So now i am an out of status alien. I was not able to file any forms with the INS due to severe financial problems. My Wife did not have a job back then and could have not sponsored me. But now she maes good money and i finaly want to getinto the immigration process.

Since i am an out of status alien i don't know what to do first to get everything on it's tracks. Help would be greatly appreciated.
Click to expand...
:rolleyes: The US citizen spouse must initiate the process, which could take anywhere from a few months to a few years. Generally, someone who overstays his visa or violates his status may adjust status in the United States if he marries a US Citizen. If the illegal alien entered the US without inspection (snuck in) s/he will not be able to become legal without leaving and once s/he leaves, s/he will have the 10 year bar to deal with. The spouse will have to file for a waiver of that bar. Your best option would probably be an attorney that specializes in family based immigration.
 
Last edited by a moderator:
Came in legal

well i did not sneak in, i went trough the check and recieved the 1-94W waiver stamped by the INS Officer.

So the bar should not apply for me. Or does it? So how can my wife start the immigration process? Does anyone have similar experiences?
 
Svenhart said:
well i did not sneak in, i went trough the check and recieved the 1-94W waiver stamped by the INS Officer.

So the bar should not apply for me. Or does it? So how can my wife start the immigration process? Does anyone have similar experiences?
Click to expand...
:rolleyes: Apparently, the bar does not apply to you as you fall into the former category. I would suggest that you see an attorney who is specialized in family based immigration.
 
Last edited by a moderator:
thx

Thank you for the help and i will go to a lawyer. But i thought maybe some of you guys have experiences or good advice i could take.
 
Question

Ok now i have one more question i know now that i can get into the proccess by filing form i-485. But now i saw that there is a form i-485suplement A. when is this needed?
 
Ok now just tell me if i get this right. first my wife has to file form i-130 then i wait for a visa number and then i can submit form i-485?
 
Svenhart said:
But now i saw that there is a form i-485suplement A. when is this needed?
Click to expand...
:rolleyes: It is filed along with I-485. I don't think you need to file I-485 Supplement A as you don't fall into that category. The following link gives you the complete information.

http://uscis.gov/graphics/formsfee/forms/i-485supa.htm

Download the form and read through it. It specifies who need to use it.
 
Last edited by a moderator:
Svenhart said:
Ok now just tell me if i get this right. first my wife has to file form i-130 then i wait for a visa number and then i can submit form i-485?
Click to expand...
:rolleyes: Well, I guess you can file both I-130 and I-485 simultaneously.
 
Last edited by a moderator:
thx

thank you so much for your help. I really appreciate it.
Do you know if thereis a "Guide" on which forms to file and when in orde to optain permanent residency?
 
Svenhart said:
thank you so much for your help. I really appreciate it.
Do you know if thereis a "Guide" on which forms to file and when in orde to optain permanent residency?
Click to expand...
:rolleyes: If you need any help you can contact USCIS field offices.
 
Last edited by a moderator:
hehe good so we are kind of helping each other here. well thanks for the site i know now that i am definitely eligable for PR.
With form i-130 beeing the first step. After that is i-485 with EAd and the i-756 i think (that's the travel thingy) :)
I'm going to contact an immigration lawyer right tomorow, well on Monday ;)

I'm just glad that i-485 Suplement A doesn't apply 1 grant is a lot of money phewww
 
Svenhart said:
I'm going to contact an immigration lawyer right tomorow, well on Monday ;)
Click to expand...
:rolleyes: You need to see a lawyer for sure even though it costs you some money. It is a question of permanent settlement in the U.S. with your wife.

Good luck to both of you.
 
Last edited by a moderator:
Following is the list of forms that you need to file:

I-485, Application To Register Permanent Residence or Adjust Status

Fee: New Fee: If your application is postmarked on or after April 30, 2004, the required fee is $315 and you will also need to pay a $70 biometrics fee.

If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:

* I-485, Application to Register Permanent Residence or to Adjust Status
* G-325A, Biographic Information
* Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
* I-864, Affidavit of Support
* I-693, Medical Examination of Aliens Seeking Adjustment of Status
* All required supporting documentation as listed on the above forms.


You may download a package of all of these forms in PDF format.

You may also submit the following forms:

* G-28, Notice of Entry of Appearance as Attorney or Representative (if you have a lawyer)
* I-765, Application for Employment Authorization, if you want to work while your application is processed
* I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed
* I-601, Application for Waiver of Grounds of Excludability, if applicable
 
You must log in or register to reply here.
Top