Announcement

Collapse
No announcement yet.

F1 visa overstay, now marrying a US citizen

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • F1 visa overstay, now marrying a US citizen

    I came to the US on F-1 visa, graduated from college, worked on OPT for 1 year. However, my OPT expired in 2001 and I continued working without authorization. I used my SSN and paid taxes. Basically I overstayed my F1 visa, and I've been working without INS authorization during the last 2 yrs. Now I'm marrying a US citizen, and upon consulting with a lawyer, I was told that my overstay will be pardoned. He said that I don't need to file any waiver either (I've been reading about waivers on this forum and thought I might need one for my overstay), but if I decide to hire his services, he will charge $2500.

    My question to you guys is, should I hire a lawyer or should I do it on my own and save $2500? If what he said is true (that there won't be any problem regarding my overstay and working w/o authorization) then why would I need a lawyer? Please advise. Thank you guys.

  • #2
    I came to the US on F-1 visa, graduated from college, worked on OPT for 1 year. However, my OPT expired in 2001 and I continued working without authorization. I used my SSN and paid taxes. Basically I overstayed my F1 visa, and I've been working without INS authorization during the last 2 yrs. Now I'm marrying a US citizen, and upon consulting with a lawyer, I was told that my overstay will be pardoned. He said that I don't need to file any waiver either (I've been reading about waivers on this forum and thought I might need one for my overstay), but if I decide to hire his services, he will charge $2500.

    My question to you guys is, should I hire a lawyer or should I do it on my own and save $2500? If what he said is true (that there won't be any problem regarding my overstay and working w/o authorization) then why would I need a lawyer? Please advise. Thank you guys.

    Comment


    • #3
      Forms are very simple which you can fill in yourself. Immigration may ask you for a waiver at the time of interview or earlier and then you can file it. Right now, after marriage you wife should sponsor you by filing i-130 and you should apply for your AOS I-485 and EAD I-765.
      All these Forms alongwith photos, G-325A, Medical and Affidavit of Support I-864 should be submitted together.
      Good luck.

      Comment


      • #4
        thank you Umesh...
        The only thing that's bothering me if I do it on my own is the WAIVER. The lawyer told me that I won't need any waiver unless I was involved in criminal activities. Since my records are very clean except for the visa overstay... would I really need a waiver?

        P.S.: I would appreciate comments from people with similar cases. I'd like to know whether it's a smooth process or a bumpy one.

        Comment


        • #5
          One other thing: I've been looking at those forms that I need to submit to BCIS/INS and noticed that I need to write down my present Employer. When I disclose information about my current job and employer, will it backfire? Will INS/BCIS hold my employer responsible for the fact that they hired someone with no work authorization? I don't wanna harm my company for they have no idea about my situation.

          Comment


          • #6
            I would like to know the answer to this also. My boyfriend was working in the U.S. unauthorized also, overstayed his visa. He was not a college student, however, just a restaurant worker. If I decided to marry him, and he is illegal, would his overstay be pardoned? I am a U.S. citizen

            Comment


            • #7
              about the employer,
              Yes that might back fire against you! My employer was fined 2000 dollars for employing me!

              But dont hide it from INS, if you will! That might lead to denying of immigration benefits!

              Comment


              • #8
                Contact me at info@myronmorales.com for additional information.

                Comment


                • #9
                  once I start preparing my paperwork and file I-485, do I need to quit my unauthorized employment or just continue working till I receive my EAD and everything?

                  Comment

                  Sorry, you are not authorized to view this page

                  Home Page

                  Immigration Daily

                  Archives

                  Processing times

                  Immigration forms

                  Discussion board

                  Resources

                  Blogs

                  Twitter feed

                  Immigrant Nation

                  Attorney2Attorney

                  CLE Workshops

                  Immigration books

                  Advertise on ILW

                  EB-5

                  移民日报

                  About ILW.COM

                  Connect to us

                  Questions/Comments

                  SUBSCRIBE

                  Immigration Daily



                  Working...
                  X