need your help!

[jenny19]

Hi everyone,
I'm new here and any help would be appriciated. Here is my story. I came in USA with tourist visa when I was 16. I fall in love, got pregnant and overstayed. I got married to my husband when I was 18 here in Chicago. He is permanent resident and has green card. Now he's waiting for interview for citizenship. I gave birth to my 2 kids also here in Chicago. Problem is I am illegaly here for about 2 and a half year. I would like to know what do you think I should do to become permanent resident and how can I avoid deportation. I really couldn't spend year or more away from my husband and wouldn't like to be in USA illegaly whole my life. Please give my your opinions.
Thank you for reading!

[NeedHelpFast]

on't wait any longer. Your husband needs to file a petition for you, the I-130, concurrently, file the I-485, adjustment of status. Check out this link:

http://64.233.167.104/search?q=cache:AxIba2UW-E4J:www.u...n&ct=clnk&cd=8&gl=us


The overstay may be pardoned, but don;t wait to file. The sooner you do this, the better for you. While you are waiting, you can also file for work authorization. Don't let fear hold you back, file the paperwork!

[Someone12]

"fell in love"...sure,,,,just moments after arriving as a tourist....what bee ess...you were looking for some idiot to make babies with, and now you hope to gain some benefit because you are a visa cheat, a liar, a scam artist and a moron.
No one "falls in love" ten minutes after getting their baggage unless they were trying to find a way to stay in MY country...so take your brats and hit the road....we don't need visa cheats and liars in the US of A.

[NeedHelpFast]

...like I said Jenny, file the paperwork I spoke of...it'll be ok.

[aneri]

Originally posted by NeedHelpFast:
on't wait any longer. Your husband needs to file a petition for you, the I-130, concurrently, file the I-485, adjustment of status.

There are 2 main family categories for immigration purpose:

1. spouses, parents and children under 21 of USC
2. son/daughter of USC; spouse and children (any age) of PR; siblings of USC

If the beneficiary is in the 1st category, I-130 and I-485 (if in the USA) can be filed together.

If in the 2nd category, after I-130, I-485 can be filed only when the priority date becomes current (normaly it takes many years) and if the beneficiary is in the legal status in the USA.

jenny is married to a permanent resident (and out of status). She can't file I-485 (and for employment authorisation document) with the I-130.

Her husband may file I-130 (which does not give jenny any status) as PR, and upgrade the petition when he becomes USC. When upgraded to "USC petitioning for spouse" (1st category), she may submit I-485 (and for work authorisation) immediately to adjust her status to permanent resident. Only then, as to a spouse of USC, overstay will be "forgiven".

[JF2007]

nah.. just file all the forms concurrently when he becomes a US citizen, less hassle.
Talk to an immigration attorney.

[NeedHelpFast]

Originally posted by aneri:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NeedHelpFast:
on't wait any longer. Your husband needs to file a petition for you, the I-130, concurrently, file the I-485, adjustment of status.

There are 2 main family categories for immigration purpose:

1. spouses, parents and children under 21 of USC
2. son/daughter of USC; spouse and children (any age) of PR; siblings of USC

If the beneficiary is in the 1st category, I-130 and I-485 (if in the USA) can be filed together.

If in the 2nd category, after I-130, I-485 can be filed only when the priority date becomes current (normaly it takes many years) and if the beneficiary is in the legal status in the USA.

jenny is married to a permanent resident (and out of status). She can't file I-485 (and for employment authorisation document) with the I-130.

Her husband may file I-130 (which does not give jenny any status) as PR, and upgrade the petition when he becomes USC. When upgraded to "USC petitioning for spouse" (1st category), she may submit I-485 (and for work authorisation) immediately to adjust her status to permanent resident. Only then, as to a spouse of USC, overstay will be "forgiven". </div></BLOCKQUOTE>


You can file both the I-130 and the I-485 at the same time, even if your husband is a permanent resident. Check out the instruction sheet that I have given from the USCIS website.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD

Another reason for filing both, now will be for your husband's citizenship interview. You want all of your paperwork filed BEFORE the interview so he will be in compliance.
It won't look too good if he's married to you, and you are out of compliance. ile the paperwork, you can file both documents concurrently. If you don't believe me, call USCIS, the number is on the webpage I cited.

[NeedHelpFast]

Originally posted by JF2007:
nah.. just file all the forms concurrently when he becomes a US citizen, less hassle.
Talk to an immigration attorney.

agree...and will save time.

[aneri]

Originally posted by NeedHelpFast:
You can file both the I-130 and the I-485 at the same time, even if your husband is a permanent resident. Check out the instruction ...

I disagree.
The instruction on the form says:

"Based on an immigrant petition.

Who May File?

An immigrant visa number is immediately available to you based on an approved immigrant petition;..."

Visa number is NOT immediately available to spouses of PRs. Visa number becomes (immediately) available to spouses of PRs once the priority date (date of filing I-130) becomes current (is listed in Visa Bulletin). That takes 4-5 years.

[NeedHelpFast]

That's why we live in America, you're entitled to disagree, isn't it beautiful???

To make Aneri happy, file the I-130 first. Wait for the citizenship interview and file the I-485 then. I could be wrong, it doesn't happen very often, but when I am I'll admit it.
<----Not wrong!!

JUST KIDDING!

Geez, and lighten up everyone!



No, seriously, I did go back and read the full application requirements, and Aneri is right according to the application itself. In this case, like i said, file the I-485 after he is a citizen, I think it will be quicker this way. But if you don't believe this, wait for Aneri because she will correct me immediately!! LOL

[aneri]

Originally posted by NeedHelpFast:
.. But if you don't believe this, wait for Aneri because she will correct me immediately!! LOL

here I am...hej..I am not after you NHF just after the info I believe is not complete or correct.. It can cost much more than just a filling fee

see you around

..and where is jenny anyway?

[NeedHelpFast]

Originally posted by aneri:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NeedHelpFast:
.. But if you don't believe this, wait for Aneri because she will correct me immediately!! LOL

here I am...hej..I am not after you NHF just after the info I believe is not complete or correct.. It can cost much more than just a filling fee

see you around

..and where is jenny anyway? </div></BLOCKQUOTE>

See, I told you!!

I think Jenny took off on her scooter!

[jenny19]

Thank you very much for your help!!
Should I file the I-130 now, or it is better to wait and file when my husband becomes US citizen??

[NeedHelpFast]

Jenny, you're back!!
Good!
Yes, file the I-130 now, before the citizenship interview. How long will it take for his citizenship to be finalized? I'm thinking it will be better (quicker) to wait on the I-485 till after his citizenship is finalized.

[jenny19]

I don't know how long it'll take for H's citizenship to be finalized. I think he'll need to wait longer now because he missed one interview for testing (3 month ago) and now he's waiting for them to schedule another interview.