Out-of-Status,Immigration through marriage,what to do ?

M

mistborn

Registered Users (C)
I am currently on a F-1 visa which is still valid but I am out of status.I want to know if I should file the G-325 and the other forms as only people legally in the US can file those?I am in over my head here I need help.Thanks guys.
 
Hi mistborn

Yes, you and your spouse can file for your adjustment of status IF your spouse is a US citizen. The fact that youve been out of status will not cause you any trouble (just dont leave the country while being "out of status" as that might trigger the 3-10 year ban).
If you are married to an US citizen you can file I-485 based on an I-130form in order to adjust your status and obtain legal residency (greencard).
Besides G325s you will also need to submit I-864 and I-693(medical exam). Make sure you submit all forms together with all supporting docs otherwise uscis will send "RFEs"...
There are many posts on this site explaining how/where to file everything. You can do it yourself or hire an attorney.
Good luck!
 
mistborn said:
I am currently on a F-1 visa which is still valid but I am out of status.I want to know if I should file the G-325 and the other forms as only people legally in the US can file those?I am in over my head here I need help.Thanks guys.
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here you go and read, read and re-read and make sure you have a grasp on what you need to file. For any questions AFTER reading, we have gurus who will correct you to make sure you reach your greencard dreams...lol!!!

How to Apply for a Green Card- Do it Yourself
If you would like to handle your application yourself, read on and I hope this will be helpful to you. These instructions are probably most helpful to those of you who are in a similar situation to what I was in when I started the application process, i.e-

1. You are in the US legally and have not overstayed (I don’t know how overstaying affects your application; I was on a H1-B).
2. You are marrying a US citizen, and this is a legitimate marriage.
3. You want to adjust your status to become a GC holder.

With a little modification, I am sure you can use these instructions even if your situation is somewhat different from that described above (applying for parents etc).

These instructions are NOT the official how-to guide, and I am not a qualified attorney, so these instructions should not be taken as legal counsel. That said, I think that the process of applying for a Green Card (GC) through marriage to a US citizen (USC) might look complicated at first, but is fairly simple for someone of average intelligence. I managed just fine on my own and so far my process has been going quite smoothly, I have not had any RFE’s (Request For Evidence) so far although it is very early in the game.

Keep in mind that if you are just starting today, this whole process will take you about 3-4 weeks, so be prepared. It takes time to get all the required documentation together, and to proof read and check and re-check (what an attorney would hopefully do for you) everything before mailing it.

These are the forms you/your spouse will need to file:

Your USC Spouse files:

I-130, Petition for Alien Relative (your spouse files this); fee at this time is $355, click to see most current filing fee, download form and instructions.

You (the GC applicant) file:

I-485, Application to Register Permanent Residence or Adjust Status (this is your main application form); fee at this time is $1010, click to see most current filing fee, download form and instructions.
I-693, Report of Medical Examination and Vaccination Record, to be filed with your I-485 (this has to be filled out by your civil surgeon. If you have had the BCG vaccination, your TB test will most probably be positive, so ask for a chest x-ray at the same time to save time if it is not suggested). This will take about 3-4 days and probably cost between $160-220 depending on your doctor, find an approved doctor here. Click to download form and instructions.
I-864, Affidavit of Support, to be filled out by your spouse and/or another sponsor, filed with your I-485. Check instructions to see if you can use the I-864EZ instead, it is shorter. Make sure you qualify for it. Click to download form and instructions.
I-765, Application for Employment Authorization (this is your ‘work permit’ and is optional, although most people file it); fee is $0 if you file with your I-485 or after your I-485 has been received by USCIS, click to download form and instructions.

I-131, Application for Travel Document (this is your advance parole application, if you want to travel before you have your green card in your passport/in your hand, also optional), fee is $0 if you file with your I-485 or after your I-485 has been received by USCIS, click to download form and instructions.

G-325A, Biographic Information. Fill out 2 copies for the applicant and 1 for the USC spouse, 1 for each goes with I-130 and 2nd applicant form goes with I-485. Click to download form and instructions.

Passport photos- You will need about 7 for the applicant and 1 for the USC spouse, get extras in case you mess up.

My suggestions on how to do this:

- Print out all the forms and instructions from the USCIS website, make sure you are filing close to when you print- check the version date and make sure it is the most recent or acceptable.
- Read the instructions, highlighting what else you need to send along with the form. Make sure you are sending enough documents from each required category.
- Make a list of all these items, and get them together.
- Fill out all the forms, sign and date them.
- Organize each application separately; do not send any original documents other than the forms unless specifically asked to do so.
- Print out cover letters for each application, this will also serve as checklists for yourself. I have attached the templates I used at the bottom. It is YOUR responsibility to check that the fees/forms used are current, and the requirements for supporting documents etc. have not changed. This was accurate at the time I applied for my AOS and as you can see from my timeline I have been successful so far.
- Clip each application securely with a large paper clip/put it in a separate plastic envelope/secure it in a way you like.
- Make sure once again that you have included everything, re-read the instructions at this point to see if you missed anything. This is probably what you would pay an attorney hundreds of dollars to do.
- Put all the applications in 1 big strong folder, seal it and mail it off!! If you are sending all the 4 applications together (and if you can, you should), they should go to the address on the I-130 instructions, i.e. to the Chicago Lockbox.
- Most importantly, READ ALL instructions carefully and more than once, this will save you time in the end.

If this was helpful to you, please give this post 5 stars and hopefully it will become a sticky. It would have made my life easier if I had seen something like this when I was starting my process.
With these instructions and other help on these forums, you s
 
f1study said:
Wow, I really admire your effort to write such a looong instruction!
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Unfortunately, someone smart wrote it and posted on this board. I had written something similar to this instruction, but chose not to post them as it was similar to this one.
 
To Al southner:

Thank you for the info, that surely worth hundreds of dollar. But please after completing all these forms and the required document, how do you go about the filling fees?? is it going to be in form of money order? is the money orders in seperate, individual envelope or you just put everything in the bounding, single envelope??. . .thanks for your anticipated response!
 
immiresearch said:
To Al southner:

Thank you for the info, that surely worth hundreds of dollar. But please after completing all these forms and the required document, how do you go about the filling fees?? is it going to be in form of money order? is the money orders in seperate, individual envelope or you just put everything in the bounding, single envelope??. . .thanks for your anticipated response!
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Immi,

Just collect the necessary evidence, attach each evidence to it own form.

For example, for the I-130 (copy of marriage certificate, copy of spouse (naturalization or US passport)
G-325 (a) completed and signed by spouse (husband/wife)-petitioner (US citizen)
G-325 (a). completed and signed by spouse (beneficiary)
Passport size picture of the petitioner (1) and beneficiary (1) (Name of each person written legibly on the back of each picture)


I-485 Form and evidence: birth certificate (beneficiary), copy of visa page (F1 visa), copy of I-94 departure record,
I-864 Affidavit of Support (attach tax returns for 2-3 years)
I-693 with a signed medical results from the Civil Surgeon.
I-765 (employment authorization. Since you were a visa overstay, I would strongly discourage you from applying for a travel document.

Please the evidence mentioned here is by no means exhaustive, please attach any information specific to your situation. I believe based on my own experience, you will need the information I mentioned above.

You need to write two checks for the processing of I-130 ($355) and I-485 ($1010). Check made payable to Dept of Homeland Security. DO NOT USE DHS OR USCIS.

Use a single envelope, lot of paper clips to hold evidence together or binder clips as well.
 
Wow thanks a lot guys,your support is really overwhelming.I got married to my U.S. citizen girlfriend on September 1st.So I will do s you say in the post above i will read and re-read so I don't make any silly mistakes.I think I'm going to have a lot of questions.Thanks guys!! :)
 
One option you should consider if you remain uncertain about the correctness of you documents is to have a consultation with an attorney to review them prior to filing.
 
Hi y'all,I have a question.Can I file for a EAD or job authorization before I file any of the other forms? because I am still getting all my other documents together for the other forms and the money too :p So i need to work in the meantime before I'm ready to start the rest of the filing.Thanks.
 
mistborn said:
Hi y'all,I have a question.Can I file for a EAD or job authorization before I file any of the other forms? because I am still getting all my other documents together for the other forms and the money too :p So i need to work in the meantime before I'm ready to start the rest of the filing.Thanks.
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Mist,

Absolutely NOT!!! All other forms, I-130 and I-485 forms are the basis for which a I-765 can be issued to an immigrant. USCIS won't accept the I-765 form without the basis for why it is being filed. It is one of the benefits of filing for an immigrant petition.

You will need to save up all your money $355 and $1010 for all forms, because I-765 is fee is included in the $1010 fee. I would strongly recommend that you either finance the forms by borrowing money or get a cash back on your credit card, which will help you to move the process, but it will cost you advance fee interest. Whatever legal means you use to get the filing fees, don't file the I-765 without other forms (I-130/485) because it is going to be rejected.
 
Thanks Man,my wife is trying to get a loan but we are still waiting for approval.I was just looking for a way to expedite the process.Ah, well seems I just have to wait.
 
mistborn said:
Thanks Man,my wife is trying to get a loan but we are still waiting for approval.I was just looking for a way to expedite the process.Ah, well seems I just have to wait.
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Mist,

No problem. Just find some money in a legal way, file and hope they process it quicker. In the meantime, once you mail the applications she can start looking for a J.O.B a.k.a Just Over Broke with that she can hope to have an EAD within 60-90 days. If you are luckly, she can get it sooner depending on the workload from NBC.
 
Hey you guys,when my wife is filling out the I-130 should she still use her maiden name as her family name oe sheould she use mine?because she has not changed her name to mine yet.
 
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