Overstayed - But Married Before It Happened...

I

IrishExport

Registered Users (C)
Hi there - I am so confused by all this stuff that I just wanted to check that the steps I think I have to take are correct.

First some background:

- I have dual British and Irish citizenship (because I am from Northern Ireland) - I have a current British passport (renewed - the old one that I travelled here with is expired).

- DH is American, born and bred.

- We met online in May 2001, and grew very close over that summer. We decided to get engaged and I arranged to visit NY for my birthday in September 2001. Our plan was for me to visit for a couple of weeks, then go back home and do the fiance visa application and return when that went through. So I came in on the visa waiver programme - I have an I-94 if that helps (though I don't know if I still have that old passport, feck).

- My birthday was September 11th, we all know what happened. The plane that I was supposed to take home out of NY was grounded. And in light of what had happened we decided that life was too short, why not just stay and get married now instead of putting it off because you never know what's going to happen.

- My visa was due to run out Dec 6th 2001, we were legally married on Dec 1st.

- I have never worked illegally here, no criminal record, have an ITIN and we file taxes jointly. We have 2 young daughters now.


I had thought that I would be able to adjust status now, but I read somewhere that I can't because I overstayed - is that true?

Now, if it isn't true, it is my understanding that I have to file the I-130 packet and the I-485 packet, is that right? And the fees for the advance parole app and the employment authorization app are now include the the I-485 fees??

It was still the INS when we first started doing the paperwork to get me legal - but we never actually applied because we were living on Long Island and money was so tight. We just moved to upstate NY, have discretionary income now, and are looking to put down roots for our family. And that includes me being able to get a driving license and work.
 
IrishExport said:
I had thought that I would be able to adjust status now, but I read somewhere that I can't because I overstayed - is that true?
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Not true. As the spouse (Immediate Relative) of a US citizen, you can adjust without penalty. You could have done so years ago.

And the fees for the advance parole app and the employment authorization app are now include the the I-485 fees??
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Yes, but do NOT, for the love of all that is holy, apply for Advance Parole or leave the US under ANY circumstances until your I-485 is approved. You are subject to the 10-year re-entry bar if you do.
 
You should be fine. Overstay is not a problem for immediate relatives of US Citizens.

You're right about all the forms and fees, although, technically, you will not be filing the I-130, your husband will.
 
TheRealCanadian said:
Not true. As the spouse (Immediate Relative) of a US citizen, you can adjust without penalty. You could have done so years ago.



Yes, but do NOT, for the love of all that is holy, apply for Advance Parole or leave the US under ANY circumstances until your I-485 is approved. You are subject to the 10-year re-entry bar if you do.
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Would you please explain?
 
Thank you for setting my mind at rest!

I know about the 10 year ban - I have no intentions of leaving until I get the green card! I'd have visited home years ago otherwise. The process seems to be faster across the board now than it was when I first looked into it in 2001. If that's the case I wouldn't even need advanced parole. Unless I am reading some sigs wrong it looks like the whole process can be completed in as little as 4 months. Two years were the waiting times we were looking at when we first got married!

Oh, about the medical (I-693) - does that need to be done and sent along with the I-485, or can it be done while the app is pending? And (sorry if this is an idiotic question) is the medical covered by any insurance plans?
 
IrishExport said:
Oh, about the medical (I-693) - does that need to be done and sent along with the I-485, or can it be done while the app is pending? And (sorry if this is an idiotic question) is the medical covered by any insurance plans?
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You need to send the medical in with the I-485. It's typically not covered; budget around $200 or so for it.
 
Another stupid question - I'm sitting here filling out the I-130.

Question 22 asks: Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in: ...

Do I put Chicago because that's where I send this to, or Syracuse (NY) because that's the nearest field office to me?
 
IrishExport said:
Another stupid question - I'm sitting here filling out the I-130.

Question 22 asks: Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in: ...

Do I put Chicago because that's where I send this to, or Syracuse (NY) because that's the nearest field office to me?
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Neither, I think--you need to put Albany. I don't think that the Syracuse office processes these applications, it is very limited-service. Unless there is another field office closer to you, Syracuse is the closest office to us also, but we put Albany.

If anyone can confirm otherwise please correct me. But definitely do not put Chicago, that's just a lockbox.
 
aosing said:
Neither, I think--you need to put Albany. I don't think that the Syracuse office processes these applications, it is very limited-service. Unless there is another field office closer to you, Syracuse is the closest office to us also, but we put Albany.

If anyone can confirm otherwise please correct me. But definitely do not put Chicago, that's just a lockbox.
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Not Chicago - that's for sure. I think you will need to put the nearest ASC.
 
TheRealCanadian said:
Syracuse, because it's the closest. Unless you want your interview in Chicago. :)
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TRC, USCIS says of Syracuse "This office provides limited information services."

Is it really possible to do the interview in Syracuse?

If so, is it possible to change from the one specified on I-130, if it hasn't been scheduled yet? :-)

Also, when I run the locator for my zip, I get the following even though Syracuse is much closer:
The following Local Office(s) service zipcode ***:

* Albany Field Office.
This office is located at: 1086 Troy-Schenectady Road Latham, NY 12110.
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aosing said:
TRC, USCIS says of Syracuse "This office provides limited information services." Is it really possible to do the interview in Syracuse?
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No idea. If you put an office they don't do the interviews in, I'm sure they'll send it to one that does. I wouldn't over-think this one.
 
actually, for my case.. i think i placed chicago in the i130.. i do not know this forum yet at that time.. so i do not have any ideas regarding district offices whatsoever.. but it was not a problem.. they scheduled my biometrics in syracuse (1hour away).. but since they do have limited services available there.. our interview was in buffalo (4hours away).. we live near fort drum.. i think they are the ones figuring out which office has jurisdiction in your residence area.. just my thoughts..;) anyone correct me if im mistaken
 
If i search field office by my home zip it puts me in Albany, if I put in a Syracuse zip it puts me in Syracuse - but yes, it does have that line about limited services there. The only reason I was going to pick Syracuse is because the processing times are about 3 months less apparently. But I think I'll put down Albany to be safe.
 
IrishExport said:
If i search field office by my home zip it puts me in Albany, if I put in a Syracuse zip it puts me in Syracuse - but yes, it does have that line about limited services there. The only reason I was going to pick Syracuse is because the processing times are about 3 months less apparently. But I think I'll put down Albany to be safe.
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Have you filed yet? We finished the process. Interview was in Albany, and I believe that is what you should put. I'd suggest spending the night before nearby, say at the Microtel (cheap/decent motel) and finding out where it is as it's on a 4-lane boulevard on Troy-Schenectady Rd and easy to keep blasting by it by mistake. I believe you won't be able to interview in Syracuse.
 
I haven't filed yet - have my medical this Monday and I'll be filing right after that!

We're an hour away from Albany, so I don't think we'd need to stay over unless the interview was at an ungodly hour. DH lived for several years in Albany before we met and did his MSW there, so he knows the area pretty well.

That's assuming bringing the kids with us? I thought it would be better for them to be there as you can't get much more valid proof of the relationship... but maybe it's frowned upon?

How did yours go - smooth sailing?
 
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