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Thread: Jamaican Married USC after overstaying Visa

  1. #1
    I am in the U.S. on a B1 Visa. I have overstayed by 9 months. I have maried a USC this week and I am pregnant with his child, What do I need to do to gain permanent residence. I hear that it is going to be very hard, because INS thinks that all Jamaicans marry to get their stay.

    Help please

  2. #2
    I am in the U.S. on a B1 Visa. I have overstayed by 9 months. I have maried a USC this week and I am pregnant with his child, What do I need to do to gain permanent residence. I hear that it is going to be very hard, because INS thinks that all Jamaicans marry to get their stay.

    Help please

  3. #3
    I was just reading statistics on an attorney's site while goofing off on the web.... Apparently the INS thinks about 8% (eight) of marriage to immigrants is fraudulent. I am a bit surprised at the low number because when you read all of the troubles people have, it would seem like the INS believes every marriage is a fraud. (They don't have to prove it is fraud; we have to prove it is not fraud.) There doesn't appear to be any proof that they believe one country commits fraud more than another.

    However, I have to say that quite a bit of what I read has more to do with not filing paperwork properly, not having proper proof of a valid marriage, not having an income above the poverty line, failing to submit a co-sponsor or a household sponsor if this is the case, and the biggie, not having income tax returns and PROOF of income at the interview. (Employment letter and wage and earning statement do nicely). Those darling dears come back to the board and complain that the INS was not FAIR in delaying their petition. Alrighty then......

    If you came here legally and overstayed, (don't leave the US for any reason or they won't let you back in) the INS **does** allow you to adjust status if you fall in love with and marry a US citizen. You can down load the forms on this site or on the INS official Web site for the Adjustment of status package based on marriage and fill them out. They should be I-130, I-485, I-765 (for permission to work) G-325, and a form for medical exam. I may have missed one as I am going on memory, but you will see all of the forms at the link.

    There is a charge for each form; some INS centers do not take checks so find out if yours does. If they don't take checks and you send a check they will send the package back (when ever they get around to it) asking for a money order causing a delay. Yes, that happened to me. I did not bother to ask if they took a check. There was more than a 30-day delay while they sent it back and processed it again.

    When you assemble your package of forms and proof copies, (don't send originals, take them with you to the interview along with copies of them) make sure the package is complete and carefully done, checking everything and reading everything over again until you are satisfied it's the most flawless package they will ever receive in the history of their bureaucracy.

    If you have questions about the forms, the absolute best site I have ever seen on the marriage adjustment is There are at least 2 attorneys who love that board and go there often and there are several very knowledgeable people with first hand experience on this very subject. Go there and pick their brains for help on the forms and other questions.

    Try to relax. The most important thing is to get the paperwork straight. Don't listen to rumors about how hard it is, and ignore negative feed back. Press on and be determined. You can do this! CONGRATULATIONS ON YOUR SOON TO ARRIVE LITTLE DARLING!!!!!

  4. #4

    Thanks a lot for your help and information. One problem thought, I am unable to find a copy of the I-485, I am seeing only the A supplement. Can this work??

  5. #5

  6. #6
    The INS doesn't think all Jamaicans marry fraudulently. I am about to marry a Jamaican man and this is the second Jamaican man I have successfully brought to the U.S. on a fiance visa (the first didn't work out). The problem is the Jamaican economy--the INS uses statistics about jobs in the home country, average wealth, education, and past statistics of overstays in order to grant visas. Thus, close to ZERO Jamaicans (and many people from other third-world countries) can ever come here on a tourist visa (they are always rejected) BUT if all of your documentation is in order and you have the proper sponsorship (for work or school) they don't think you're fraudulent at all! Just want to make sure you are not a 'public charge', is all.

  7. #7
    Thank you Coleen, I feel a lot better already. My husband thinks it is a breeze, but I am so worried.

    You guys are a tremendous help.

  8. #8
    Just make sure you FOLLOW DIRECTIONS. Every form must be filled out exactly not put n/a -- put 'none'. Put the forms in neat. It helps to use Adobe Acrobat fillable forms so you can type it right on the form that is out on the web and print it so it is neat and tidy. Put all requirements next to the form they support. It helps to put 'tabs' (dividers) in the packet. A good cover letter is a must which outlines everything you are submitting. 2-hole punch the top and fasten with the kind of fastener they like. Believe me, it is a breeze if you do what they want. Follow all directions (there are good ones out here on the web) and you should be fine.

    Most requests for evidence are because people did not follow directions!!!

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