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  • confused and short on cash

    I need help. I am filing for AOS. I'm married to a usc and we have a child together. I entered the country on a tourist visa and overstayed.

    I have forms ready but don't know which to submit. Correct me if I'm wrong: I can file I 485, G 325, I 693, I 864, and I 765.

    Do I need to also file I-130? What about I-485 supplement A? That one costs a lot.

    Thanks so much.

  • #2
    I need help. I am filing for AOS. I'm married to a usc and we have a child together. I entered the country on a tourist visa and overstayed.

    I have forms ready but don't know which to submit. Correct me if I'm wrong: I can file I 485, G 325, I 693, I 864, and I 765.

    Do I need to also file I-130? What about I-485 supplement A? That one costs a lot.

    Thanks so much.

    Comment


    • #3
      Your "spouse" needs to file the I-130.

      Comment


      • #4
        Thanks Houston.

        Comment


        • #5
          You should consult with an attorney. Many work with charity groups and their services won't cost you a penny.

          Comment


          • #6
            How long of an overstay are we talking about?
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

            Comment


            • #7
              You do NOT need to file I-485A , which is going to save you some money.

              Comment


              • #8
                He's married to a citizen. If the overstay is longer than six months, he shouldn't leave the country or bother with advanced parole. But the overstay is not considered for AOS purposes because he's an immediate relative.

                Comment


                • #9
                  Right. I asked to see if inadmissibility were an issue, because if so then I would not advise that he bother with an I131. However, if funds permit, it's always a good idea to secure.
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                  Comment

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