Thank you so much for your replies.
I came to US in the year 2007 on tourist visa. After 2 months, I got married to a greencard holder here. I applied for B2 extension for first time which was approved. After that, I just overstayed. I have B2 multiple visa with 10 year validation, but I did not go back to my home country as I was scared that I may not be allowed to enter again as my marriage got registered in US. It has been almost 2 years since my I-94 expired. My husband got his citizenship now and he is planning to apply for my greencard. I am not working and have no legal issues. I just stay at home. Also, my name is included in the taxes.
I am worried that there may be any issues with my greencard. Please advice. If you have any links, please provide.
VKS.
You have nothing to worry about, when did you apply for your extension of your B visa? Based on the information above, you and your husband should be fine when filing the paperwork. Read the information below on what needs to be filed with USCIS to successfully gain US residency. The good thing is that you and hubby have been married for over 2 years, which will vanquish any doubts of marriage fraud.
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.
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:
- Download and complete the forms:- 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.
USCIS P.O. Box 805887 Chicago, IL 60680-4120
- Most importantly, READ ALL instructions carefully and more than once, this will save you time in the end.
