my husband came over 3yrs ago on a i-94vwp,he overstayed and we got married and we have been happily married now for 15months,we didnt realise there would be all these forms and things to do,i am very frightend about sending in the forms because i dont want him to be deported,all i am looking for reasurance that we will be okay. please help me.
If you are a US citizen, unless your husband was already in removal proceedings, you are fine. File for adjustment at your local BCIS office and get him a green card. Visa overstay doesn't matter for spouses unless he leaves the US before he becomes a permanent resident.
If he was already in proceedings before you were married, then he has to prove that he didn't marry you to avoid deportation.
The Grand Poo-Bah Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs
No offense counsel but the entire purpose of this forum is to give FREE advise and information on the law. We understand that with the recession and the tightinging of the immgiration laws business is slow and no doubt you are a good attorney, but we'd hope you could find other means to advertise for your services (?)
IF YOU ARE A U.S. CITIZEN, you should file an I-130 (petition for alien relative), and I-485 (adjustment of status), with a G-325A (biographical info) for you and your husband plus two sets of BCIS-style photographs for you and your husband. Include the kind of supporting docs suggested on the forms (marriage certificate, proof of petitioner's U.S. citizenship) and all relevant fees (via checks or money orders payable to "BCIS")- do not forget the $50 fingerprinting fee, or the form IRS 9003 (no filing fee for this). If your husband wishes to work, you should file an I-765 application for employment authorization. It may be best to file all these materials at your local BCIS office because it should get processed quicker than at a service center, but check with the local office for local filing procedures. Do not prepare and file the I-864 (affidavit of support) yet - it will probably be out of date by the time of your adjustment interview. You should both be honest with the BCIS officer at your interview, and present lots of evidence of your relationship (leases and bills in joint names, wedding photos, etc.). Be honest too about the overstaying, but do not volunteer information you are not asked about bythe officer. Your husband should not leave the country until he obtains his geen card.
Posts: 31 | Location: New York, NY, USA | Registered: 08-22-2003
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