us citizen filing for overstayed spouse

[kawal41]

Hi Everybody!
I need some advice here because i am really confused. i just became a u.s citizen.We got married in December 2009 when i was a Greencard holder.My wife had B1/B2 visa at that time & her visa expired in April 2010.She is out of status since then.Somebody suggested us not to apply for anything until i become a citizen.now i want to apply for her.I know i have to file forms I-130 & I-485 but i don't know if i should file it together or separate or should we wait for I-130's approval before filing I-485. I am really confused guys.Is there any penalty also we have to pay because she was out of status.I consulted an attorney but he wants a lot of money.I really can't afford an attorney right now.Any help would be greatly appreciated.Thanks

 

[mimi0418]

I just got approved on a B1/B2 visa. There is no penalty to be paid.
It would be better if you became a US citizen first before filing.
You can submit both forms concurrently but in my opinion I think you should get the approval of the I-130 first. I got my approval for the I-130 after which I sent in the I-485.

 

[Jackolantern]

now i want to apply for her.I know i have to file forms I-130 & I-485 but i don't know if i should file it together or separate or should we wait for I-130's approval before filing I-485.

File them together. If you file the I-130 alone, she will remain illegally present and may be deported. But filing the I-485 would give her legal authorization to stay in the US until the case is decided, provided that she doesn't leave the US before her green card is approved (so don't file the I-131, because it would be useless).

I am really confused guys.Is there any penalty also we have to pay because she was out of status.

No, there is no penalty for spouses of US citizens, who entered legally with a visa.

Any help would be greatly appreciated.

See http://forums.immigration.com/showt...een-Card-Do-it-Yourself&p=1975217#post1975217

 

[enthusiastic1]

I Need Help

Hello i recently got married and want to file for a green card with my spouse who is a US born citizen.I entered the US with an A2 visa and i have overstayed for three years.Is there a specific forms i have to file besides i130,i485,i765,i131,i864,i693 and G325A?
My spouse makes $30,000 a year and we have no kids,does this qualify her as a sponsor or we need a joint sponsor?
Do we mail all the forms(i130,i485,i765,i131,i864,i693 and G325A) concurrently to U.S. Citizenship and Immigration Services,P.O. Box 805887 Chicago,IL 60680-4107??

 

[ananga73]

Because you have overstayed for three years don't leave the US before your green card is approved (so don't file the I-131, because it would be useless).

You may need to add the following forms in bold. Check before you do so.

http://www.uscis.gov/portal/site/us...nnel=032e3a4107083210VgnVCM100000082ca60aRCRD

The following evidence should be submitted with Form I-485:
Two passport-style photos
Form G-325A, Biographic Information, if you are between 14 and 79 years of age
Copy of birth certificate
Evidence that you were admitted as an A-1, A-2, G-1, or G-2 nonimmigrant
Form I-566, Interagency Record of Request
Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities
Form I-693, Report of Medical Examination and Vaccination Record
Applicable fees
Any affidavits or other evidence that you wish to submit
You will also be requested to submit a sworn statement at your interview