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Thread: To all immigration experts: Help me please ...

  1. #1
    I'll try to make my case brief:
    Aug 2001 we got married when my hubbie was a PR (I was on B2 visa).
    Sep 2001 we filed I-130 for me w.o consulting a lawyer (we didn't know the law then)
    Jan 2002 we consulted 3 lawyers locally, all of them said nothing but extension was possible.
    Feb 2002 filed 1 extension and granted
    Aug 2002 tried to file another extension and denied (we were stupid or what ???)
    Oct 2002 - now I'm an overstayer. I can't work, I can't go to school, just sit at home nicely.

    Now my hubbie is a USC and my questions are:
    1. Should we hire a lawyer or can we do it ourselves?
    2. Should we file another I-130 or is there any document to replace our previous I-130 (it's not approved yet)?

    Thanks a bunch for your help!


  2. #2
    1. You do not need a lawyer. If you understood how to file for extensions of status, you should be able to follow the instructions for adjustment.
    2. You do not need a new I-130. File for AOS with a copy of the filing receipt from the first one. USCIS will match the files.

  3. #3
    Thanks for your advice Old Man. So I only need to file AOS with all the supplements (EAD, AP) plus the I-130 receipt and my overstay will be forgiven?

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