Overstayed & Married

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PurpleKoolAid

Registered Users (C)
Overstayed & Married,advice needed.

Hi
I came over with my 2 children on a 6 month tourist visa in 2000, married my husband (my friends brother who we were originally coming to see) the same year and due to unforeseen circumstances are only now in a position to file. We have a 4 year old together, and I have never broken any laws (expect overstaying). I also have a police caution from 13 years ago. I have an idea what I am supposed to file (though I aren't sure what I should file for my children,both way under 21) but am worried that I'll be deported because I stayed for so long and also have an old caution. I am terrified of being taken away from my husband and baby, but I want my kids to be able to go to college and all the other stuff that comes with citizenship. If anyone can help I'd be grateful. I did look in FAQ's and did a search but could only find overstays who were on business visas or who had already left.
Thanks for any help you can give me.
 
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from what I understand as long as you entered legally and then overstayed because your married to a USC your overstay is forgiven...Good luck with your process
 
Thanks for your reply :)
Do you know if the paperwork I file for my children is different than mine? I asked a lawyer but he would only tell me that he'd sort thatout once I paid him over $4000. I politely declined his generous offer but am now unsure what to file.
 
sorry that I am not sure...My daughter is a USC so I only had to file for me
Good luck and hopefully someone on the board here can answer your ?
Cherr1980 and ari4u they are both awsome and a great deal of help and information...
 
poohsmum said:
sorry that I am not sure...My daughter is a USC so I only had to file for me
Good luck and hopefully someone on the board here can answer your ?
Cherr1980 and ari4u they are both awsome and a great deal of help and information...
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btw as far as i know there is certain limitations for uscis to forgive u over overstaying ....even in case of marrying a citizen...
 
query11 said:
btw as far as i know there is certain limitations for uscis to forgive u over overstaying ....even in case of marrying a citizen...
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limitations...like what...?
As far as what the CFR says,
The applicant is ineligible to file I-485 if overstayed or worked illegally.
Overstay for the spouse of a USC is forgiven ONLY to allow the applicant to file I-485. I havent heard of any limitation to how much overstay is considered to be forgiven. The forgiveness does not cover the usage of AP. The 3/10 year ban is still in effect if one uses AP to re-enter US after having overstayed before filing I-485.
 
Thanks for your replies :)
ari4u, I am new to this so didn't understand all the abbreviations you used. I know I stayed a long time but I haven't worked and have done husbands taxes etc.
I'm still unsure if the old caution will be a problem, I'm getting a police check from the UK anyway as I'm sure they'll want to see one. Is this going to be a big problem with my application?
Also if anyone know exactly what I'm supposed to file for my children I'd be very grateful.
 
I think, although I am not sure, that you can file I-485 for each of your children at the same time as you file your I-485. You are eligible to file for Adjustment of Status because you are married to a USC. They can file because they get derivative status as a child of an adjustment applicant (you). Your spouse's I-130 for you is evidence of eligibility for your I-485, while your childrens birth cerificates (showing you as their parent) are evidence of eligibility for their I-485s.

$4,000 upfront is outrageous. You do not need the lawyer to file the forms for you, nor do you really need a lawyer to represent you at the interview. You should be able to have a short consultation with a lawyer without it costing you that much. I paid under $300 to have a lawyer and a paralegal look over my application before I submitted it. Read the instructions for all the forms carefully and you can figure most things out yourself. Once you do that, you can ask the lawyer more targeted questions. The more you know, the less time do you need to spend with a lawyer. Judging by the experiences of some people on this forum, a bad lawyer can hurt your application more than help.

The information about derivative status is on the first page of the instructions for form I-485 under "Who may file?" The only concern would be that your children have overstayed as well. I do not know what USCIS will think of that. It seems that they pardon overstays if you are married to a USC, but I do not know how they treat overstays by children not related to the USC. It seems reasonable that they would pardon the overstays of young children along with the parent, but I really do not know. That is something you could ask an experienced immigration lawyer (not the fraud who wanted $4,000 from you).
 
running_swede said:
$4,000 upfront is outrageous. You do not need the lawyer to file the forms for you, nor do you really need a lawyer to represent you at the interview. You should be able to have a short consultation with a lawyer without it costing you that much. I paid under $300 to have a lawyer and a paralegal look over my application before I submitted it. Read the instructions for all the forms carefully and you can figure most things out yourself. Once you do that, you can ask the lawyer more targeted questions. The more you know, the less time do you need to spend with a lawyer. Judging by the experiences of some people on this forum, a bad lawyer can hurt your application more than help.
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Running Brings up a great point here. I think a lot of us on here are doubtful as to the process of filing the forms, Myself included, My Wife & I were waiting to earn enough $ to hire a Lawyer, then i started researching the process. It is actual not that complicated. as long as you read all instructions and submit the correct documentation. Recently the USCIS has made it even easier by not requiring notorized copies or originals in Appl. submissions.

I think it is worth a couple bills to have an attorney look over what you have filed to be sure everything is in order, but to pay more than *$2000.00 total is ridiculous! *Including USCIS filing fees (aprox $765.00)

Presentation and organization go a long way, as the USCIS web site reflects
General Tips on Preparing forms to be mailed to USCIS
http://www.uscis.gov/graphics/fieldoffices/scnational/index.htm#H

You all helped us feel confident about the process.

Thank you
 
Thanks for all your help.

I don't know what they'll do about the kids it didn't occur to me that there would be a problem,their biological dad has no parental rights to them and with them being very young it would be my fault entirely that they're overstays. They also have a half sister here also now and to be honest I don't know who they could go to if they decided to deport a 10 & 7 year old.

Would we each need a I-130 or would just one cover all of us? The forms look ok, I borrowed a book from the library to walk me through the filling in part. I'm just stuck on the who need what bit as it seems a bit weird (and I live an hour from the nearest Immigration lawyer :( ) .

I think the lawyer saw us coming, he even charged us $50 to tell us how much he'd charge us to file for us.

I'm confusing myself now with all the forms and photos :confused:
 
The I-130 covers you. It has nothing to do with your children since your husband is not related to them. As far as I can tell, all you need is a birth certificate for each child. You can file everything at the same time. So you would have the following:

1. I-485 for you.
2. I-130 establishing the relationship between your husband (the U.S. citizen) and you.
3. I-485 for each child.
4. Birth certificate for each child establishing the relationship between you and them.

Of course, there are a few more forms: G-325A (one for your husband with I-130, two for you with I-130 and I-485, and one for each child with their I-485), I-693 (with each I-485), I-864/I-864A (with each I-485), I-765 (if you want to work). I think that is what you would have to do.

You have the option to file I-485 for your children after you have your green card, but that would delay giving them legal status.
 
PurpleKoolAid said:
Thanks for all your help.

I don't know what they'll do about the kids it didn't occur to me that there would be a problem,their biological dad has no parental rights to them and with them being very young it would be my fault entirely that they're overstays. They also have a half sister here also now and to be honest I don't know who they could go to if they decided to deport a 10 & 7 year old.

Would we each need a I-130 or would just one cover all of us? The forms look ok, I borrowed a book from the library to walk me through the filling in part. I'm just stuck on the who need what bit as it seems a bit weird (and I live an hour from the nearest Immigration lawyer :( ) .

I think the lawyer saw us coming, he even charged us $50 to tell us how much he'd charge us to file for us.

I'm confusing myself now with all the forms and photos :confused:
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from cases i've seen and heard, the children will be fine. your husband can even adopt them right now and save yourself the trouble. as for the lawyer situation, i agree with what others have stated. read the documents carefully and fill in the correct information. i'm sure if you need help on a certain question you can just post it here and someone who went through the same process will gladly help. for the I-130 i believe you need one petition for youself because you are the sole benficeary. you can state that the petition is for a family immgration because you have children. that is what my mother did when we applied to immigrate through my mother's sister who is a USC. now we are just waiting for out visa number. best of luck.
 
I dunno if this helps you any but I read this on another Family AOS board:

You should file the I-130 for the daughter as well. She will be seen as a step-child for immigration purposes because your marriage took palce before she turned 18.

You do not need to wait for the I-130 to be approved before filing the I-129F. if the I-130 were approved, you could simply process them for their green cards right out of the consulate as opposed to the K-3 and K-4.

You just need the I-130 receipt for the I-129F filing.
 
Thanks for your help :)
Why do I need to file the I-129F?

On the uscis website it says:

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative
A copy of your birth certificate or U.S. passport
If you were not born in the U.S., a copy of either:
your Certificate of Naturalization or Citizenship or
your U.S. passport
A copy of the child’s birth certificate showing the child’s name and the names of both parents
A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)
A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.
If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

Now I don't know if this means I can apply at the same time with an I-130 & I-485, or if I have to wait and do it after, or if I have to get a I-129F filed for each of them. Thanks again for your help :)
 
Let us not complicate matters. I am fairly certain that you do not need to file I-130 for your children. They get derivative status from your AoS application. All you need is a birth certificate showing that you are their parent. Do not take my word for it. Read the instructions for form I-485. In particular, read about derivative status on page 1 under "Who May File?" and page 4 under "Evidence of eligibility." It will save you some money because each I-130 costs $190. If you do not have to file one, why would you?

You should try to find a lawyer who will give you a free initial consultation. Ask if what I am proposing sounds right. You can hire a lawyer or paralegal to look over your application package once you have filled it out yourself. They should charge you per hour instead of a flat fee. I paid less than $300 to have someone check my application for errors. Just have them check the forms. Do the filing yourself.
 
Thanks Poohsmum & running_swede. I'm going to go over the I-485 and see whats what,if I'm still confused I'll try to find a lawyer who is nearby to help me out. Heck I may even phone the ins and ask them if worst comes to the worst (without telling them about my overstay of course).

One more question, do you think the old police caution I received for shoplifting as an idiot teenager 13 years ago will cause trouble?

Thanks again!
 
I have no idea about the police caution. Good idea to talk with a lawyer though. You should get an InfoPass appointment if you want to get some useful information from USCIS. Probably wise not to mention your overstay. Go over the I-485 so that you can ask very targeted question. That will help getting you useful answers. I would ask if you can just file I-485 for your kids without I-130 as I suspect.
 
Hon, u can call INS 800# and explain every thing u just said here in the forum and they will be more than happy to help u and let u know what forms to file. I was in the same boat a couple yrs ago, lawyer fees a astronomically high, we could'nt afford it, i called them and they told me what to file and where to down load the forms from. U can ck their web site and learn more www.bcis.gov Good Luck :)
 
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