overstayed, now what ?

my future wife came here legaly as a tourist but overstayed for 2 years.
now, once maried, what do we need to do so she can go back to visit her familly but not be penalised for those 2 illegal years ??
thank you all.

my future wife came here legaly as a tourist but overstayed for 2 years.
now, once maried, what do we need to do so she can go back to visit her familly but not be penalised for those 2 illegal years ??
thank you all.

again I think you should get a lawyer to give you advice on your situation.. tell him that you can not afford a huge sum at once.. for instance I am going to put down 1300.00 and then i pay 100.00 a month for the pending balance. so its not that bad

but to answer your question this is what you need.

I-485 Permanent residence of adjust status
cost 255.00 plus fingerprints 80.00

I-130 petition for alien relative 130.00

I-765 application for employment 120.00

I-131 Application for Travel 110.00

6 photos (60.00) (2 of you and 4 of her to INS specifications)

this should be it.. these are all the documents that you will need. the employment application should be given to you 30-60 days after you apply but it depends on your service center.

the travel document also will be granted about the same time and this will allow your spouse to travel in and out of the country for a specific time frame however INS can still reject her at the border if they decide to. so its a risky way to do it.. I would wiat until she has her green card!

any more questions..let me know

ohh before I forget DO NOT PAY FOR THESE FORMS FROM A WEBSITE OR ANYWHERE ELSE.. if you are going to file by yourself you can print these straight from the INS website for FREE!!!

here is the link for you to get the forms.

http://www.ins.usdoj.gov/graphics/fo...orms/index.htm

you really know your stuff
thanks very much.

well I am in the same boat as you trying to get my wife legal here in the states. and I have taken upon to try t help others with info. there are so many interpretations of the immigration law its hard to say exactly what to do.. that is why to consult a good lawter is always a good idea, even a consultation for 50.00 would help you out. that is what I did at first and then we decided to hire him.

any more questions?

pic of me and my wife

http://images.fotki.com/v12/photos/1...dding49-vi.jpg

Since your future wife has overstayed for 2 yrs, it is not recommended that she leaves the US for travel as she is subject to the 10 yr ban. Being married to a US citizen does not waive this ban whatsoever. As difficult as it is, she must remain in the US until her GC comes through.

you are right, with a lawer at least we wouldn't be so scared of what may appened, or any bad surprise...
did u read about that woman, they deported her at the interwiew ???!!! even that they were married ??!!! scary...
Thanks man.

yeah I know.. its very scary when you think about your loved one being taken away from you. I would not know what to do. however the best thing is to get legal advice and go with it.. you can file all the paperwork yourself but still get legal advice on your situationn. many many poeple try to do it themselve and then regret it later.. just get a consultation that cost no more 150.00 and the lawyer will sit with you and tell you wha you need to do. you can even bring the paperwork with you already filled out and have him check it etc..make the best out of the time you have with your lawyer. I basicallywrote a summary of my case and then I wrote questions I wanted answered.. I gave him the two sheets and let him read it and then we started from there. so it took him a total of 10 min to read the papers I gave him and the rest was concentrated on him giving a solution. so many poeple in and spend 30 min just stating their case and that is valuable time that the lawyer can give answers.

here is a summary that I did to giveyou an example

Summary of Case:

· Ricardo met Corina in June 2001.

· Corina Bojorquez de Flores entered the U.S. with her Passport and visa from Mexico on July 21,02 at the Intercontinental Bush Airport Houston, TX.

· When entering the U.S. Immigration held Corina and asked many questions about her visit to the U.S. found newspaper article saying that we were engaged and to married in March 2003 in MX.

· Issued I-94 tourist card with restrictions for 2 week stay (departure Aug 4,02) and NO COS & NO EOS for 7A1 as per 511 Scofield. Stamped passport and also wrote I-94 # on passport.

· On July 27,02 Corina married Ricardo Flores a United states Citizen by birth with a small wedding in Houston, TX. Wedding planed in one week with both families present in Houston, TX and only close relatives and friends.


Ricardo & Corina Flores have established

1. Bank Account together
2. Apartment Lease agrement together
3. Official user and holder of Visa and Target credit cards
4. Company Insurance Pharma Care
5. Blockbuster card


Proof of Marriage/Love

Ø Pictures
Ø Letters
Ø Website http://ricardoandcorina.20m.com
Ø Ring
Ø Marriage certificate
Ø Airplane tickets
Ø Letter from parents with consent of marriage (both are over the age of 21)
Ø Newspaper article from "formal" engagement in Sinaloa, MX wth both families present.


then the questions

Questions:



· With the restrictions on the I-94 are we still able to file the I-485 adjustment of status?
· I-94 does not have "NO AOS" on it only NO COS & NO EOS.

· When I-485 filed should we file the I-130, I-765, I-131 together or wait?

· Do each of us file a G-325A Biographic information (all 4 pages)

· When the petition of the I-130 and I-485 is pending will corina be able to work.

· When the petition is pending and corina's 180 days are up witll she be banned with the 3/10 yr ban.

· Since Corina is out of status and the INS officer put NO COS/EOS is she already up for the 3/10 yr ban?

· I have heard that you can over stay your status up till 180 days, does this mean we can file the I-485 before then and Corina will be legal here when filed?

· Can we go to the INS dallas district office and go in as a walk-in? Or do we have to mail it in? How long will it take for the mail in to be approved?

· What are the benfits of having an attorney on our side and can we file this by ourself?

· Fee for taking our case and how long will it be? Will there be any other charges when the case is under petition etc..


so do something like this ... I HIGHLY RECOMMEND IT. and you wont regret it later.

how long is it most likely to take to get the GC from the day of the interwiew ?

· With the restrictions on the I-94 are we still able to file the I-485 adjustment of status?
· I-94 does not have "NO AOS" on it only NO COS & NO EOS.

You can file AOS.
· When I-485 filed should we file the I-130, I-765, I-131 together or wait?
You can file all togather OR I-130 first and rest of them while aproval of I-130. If you file I-485 also then its only be processed after Aproval of I-130.

· Do each of us file a G-325A Biographic information (all 4 pages)
>Yes both of you.
· When the petition of the I-130 and I-485 is pending will corina be able to work.
>No.
· When the petition is pending and corina's 180 days are up witll she be banned with the 3/10 yr ban.
>Not really. technically its under AOS.if I-485 is filed.
· Since Corina is out of status and the INS officer put NO COS/EOS is she already up for the 3/10 yr ban?
>YES. IF the I-485 is not submitted.

· I have heard that you can over stay your status up till 180 days, does this mean we can file the I-485 before then and Corina will be legal here when filed?
> already answered.
· Can we go to the INS dallas district office and go in as a walk-in? Or do we have to mail it in? How long will it take for the mail in to be approved?

> either way. If you walkin then and pay fees for the forms you will get receipt. which will be evidence that you filed the forms.
· What are the benfits of having an attorney on our side and can we file this by ourself?
> That you filled info correctly and filled the appropriate forms.. many application is rejected byINs because lack of info OR wrongly filled OR lack of supporting Docs.

· Fee for taking our case and how long will it be? Will there be any other charges when the case is under petition etc..
> NO. Except Fee for EAD when you applied. Not to mentione the lawyers charges in case of Interview etc etc.

so do something like this ... I HIGHLY RECOMMEND IT. and you wont regret it later.

ok but how long for the obtention of the GC, after the interwiew ?
I assure it varies, but approximatively ? does anyone knows ?

can be from 1 yr to 3 yrs

Looks like an example to be followed by needy people - lawyer's stuff?..