Asking for friend, needs your help: Arrived here on Vistor visa overstayed, married to USC. she had file I-130, and waiting for approval. According to discussion board what I understand that she should have file I-130,+I-485, pay fine of $1000.00 as well. Will appreciate your input. Thank you.
All the fees for the regular forms add up to nearly $1,000, but if she entered the US with a visa and is married to a USC, she does not pay the separate $1,000 fine under 245(i).
From what I've gleaned from discussions with attorneys, boards, etc. her main concern should be if she married while here on the visitor's visa. They consider fraud in those cases. If she overstayed and then married it probably would appear to be less likely fraud. Overstays seem to be forgiven when marrying a USC. The whole adjustment package should be filed.
Old Man is right. You do not need to pay the $1,000 penalty fee. You entered the US with a visa. Please keep the I-94 card. It is very important. Why did your friend apply only for the I-130? The friend could have filed the entire package in their District Office (I-130, I-485, I-765, I-864, I-864A, G-325, pictures, supporting documents). Anyways, as soon as you get the approval submit the rest of the package to the District Office, along with a copy of the I-130 approval. Always keep original, unless otherwise requested.