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I came here 3 years ago on holiday visit and stayed here since. Therefore as to this moment i remain a illegal alien. I recently married a US citizen and also I'm soon going to be a father. Please tell me what i need to do to legalise my stay here.
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I came here 3 years ago on holiday visit and stayed here since. Therefore as to this moment i remain a illegal alien. I recently married a US citizen and also I'm soon going to be a father. Please tell me what i need to do to legalise my stay here. -
Well, I'm definately not an expert, but the first step is to have your wife fill out an I-130, which you can download from the Immigration website. The fee is 130.00. You will then get a paper telling you that you need to wait 825 days until you will know if her application has been excepted. That application gives you permission to apply for permanent residence. If you originally had a visa when you came to the US, then you will be able to adjust status without going back to your country. If not, then you're in deep pooh, which is my case since my husband entered illegaly. Good luck. And congrats on your upcoming fatherhood ;-)Comment
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There is a big difference between illegal and overstay. Illegal means you entered the US without inspection and overstay means you stayed longer than your authorized stay allowed.
From what I read in your post you had some sort of visa and thus came WITH inspection. You are NOT illegal but out of status and marriage to a USC will cure that overstay so you can adjust your status. You will not have to leave the country, as a matter of fact if you do you will be barred for 10 years.
If you, however, entered the US withput inspection there is nothing you can until 245(i) is reinstated.
You can find more here : http://www.immigration.gov/graphics/...legpermres.htm
If you wish more info you can find me here : http://www.immigrate2us.netComment
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