Seeking advice regarding my immigration process

[Ste]

Hi all,

Hoping I get some advice here. My story so far...

Came over to USA on a visitors VISA waiver back in 1999 from England.
I overstayed, then married to an American for a short period and applied in 2003 for Adjustment of Status.
They denied AoS because she didnt make enough money as per the poverty guidelines and they wanted a co-sponsor but we had no one so no further filing of any forms happened.
Some time went by and the marriage fell apart. I gave her funds to complete the divorce and signed papers but never received a letter of divorce.
I then found my fiancee and we have been together for the last 15 years. We plan to get married soon.
I filed a divorce from my ex wife this year because I had no records of her divorcing me as we lost contact and never spoke since 2004. I obviously didnt want to marry my present fiancee with the possibility I was still married so this was finalized in June.

I'm looking to apply for AoS (i-485), Petition for Alien Relative (i-130) along with Affidavit of Support (i-864) and Employment Authorization (i-765)

My questions...

Any other forms I need to send in?
Do I have to pay all fees at once for all forms ($2170)
Will I have to leave the country to file after all these years?
Any advice in general you may have?
Should I get a lawyer? The forms seem simple enough

I'm sure I will have lots more questions so hopefully you knowledgeable people will chime in and help me along this process.

Thanks all.

[ember]

Any other forms I need to send in?
Do I have to pay all fees at once for all forms ($2170)
Will I have to leave the country to file after all these years?
Any advice in general you may have?
Should I get a lawyer? The forms seem simple enough

I'm sure I will have lots more questions so hopefully you knowledgeable people will chime in and help me along this process.

Thanks all.

You have to submit the filing fees with your application (so yes, if you are filing concurrently - I suppose you could also just do the I-130 for now, but it's better to do it concurrently)

Someone here suggested hiring a lawyer to review your documents (much cheaper than having them prepare them) and I think that's a great idea. I didn't do it and everything went smoothly, but I still kinda wish I had because I'm even now realizing that I made some mistakes that thankfully weren't fatal, but would have been super easy for a lawyer to catch.

Otherwise, I would say that it depends on your comfort level and how complicated your case is. Many people get through the process without a lawyer. If you do choose to get one, my personal advice is to go to a public interest (nonprofit) lawyer first because even if they can't help you (already full, you make too much money, etc.), they will refer you to a GOOD lawyer. They actually care about clients, and won't refer you to a scammer or someone with a poor reputation. And do your own research and read reviews. A good lawyer is worth the money, but a bad one can cost you way more than just what you pay...

For my husband and I, we will have a lawyer come with us for the interview but did not use one for any part of the process otherwise.
Forms were difficult not because they're not "simple", but because it's a ton of information and a lot of details and little things are easy to miss. Definitely 110% doable without a lawyer in most cases, but it will probably take longer than you expect!

I'm sure others will jump on here with great advice, but I will just say that front loading your application (sending in a lot of documentation at the beginning, before they have to specifically request it) is a great idea and will probably save you a lot of time and effort down the road. Make a great table of contents, it will help keep you organized, help you notice any weak spots, and make it easier for the USCIS officers. You can search for table of contents on this forum and see plenty of examples.

Also, if you don't already have them, Power of Attorney documents are great evidence.

If you aren't already, switch to paper-based billing rather than online billing and keep all your statements. Have each other's name on everything and just keep building up the evidence. In addition to the initial filing, you'll need it for the interview later down the road.

Hopefully with the length of your relationship, you will have no trouble at all with evidence and documentation, so you should be totally fine on that.

Good luck!

[Ste]

@Ember - Thank you very much for your information, I found your table of contents example too and that looks very handy. Would that be used for the interview or should I send all copies of documents, photos, etc when I actually file the paperwork?
Its so expensive to file, we are struggling financially right now so its going to be tough to come up with the money but somehow we will have to as things will only get better once I'm working a regular job and having a reliable source of income. The struggle has been too long and a lot of stress was put on her.


Another question I have is the present status that is asked on my i-485, 24.Current immigration status and 23.c Status on I-94, what are people writing here for being overstayed so long?

[newacct]

Hi all,

Hoping I get some advice here. My story so far...

Came over to USA on a visitors VISA waiver back in 1999 from England.
I overstayed, then married to an American for a short period and applied in 2003 for Adjustment of Status.
They denied AoS because she didnt make enough money as per the poverty guidelines and they wanted a co-sponsor but we had no one so no further filing of any forms happened.
Some time went by and the marriage fell apart. I gave her funds to complete the divorce and signed papers but never received a letter of divorce.
I then found my fiancee and we have been together for the last 15 years. We plan to get married soon.
I filed a divorce from my ex wife this year because I had no records of her divorcing me as we lost contact and never spoke since 2004. I obviously didnt want to marry my present fiancee with the possibility I was still married so this was finalized in June.

I'm looking to apply for AoS (i-485), Petition for Alien Relative (i-130) along with Affidavit of Support (i-864) and Employment Authorization (i-765)

My questions...

Any other forms I need to send in?
Do I have to pay all fees at once for all forms ($2170)
Will I have to leave the country to file after all these years?
Any advice in general you may have?
Should I get a lawyer? The forms seem simple enough

I'm sure I will have lots more questions so hopefully you knowledgeable people will chime in and help me along this process.

Thanks all.

You should have one check for $535 for I-130 and one check for $1225 for I-485. I-765 for EAD and I-131 for Advance Parole are both free for I-485 applicants; they are optional but I recommend you apply for both of them since they are free so there's no reason not to.

The main applications are I-130, I-485, I-765, and I-131. Read each form's instructions carefully to see what supporting forms and documents each form needs. For example, I-130 for spouse needs I-130A, 2 photos each, proof of citizenship of the petitioner, marriage certificate, various evidence of bona fide marriage, etc. I-485 needs your birth certificate, you photo, I-94, I-693 medical (could be sent with I-485 or sent later), I-864 Affidavit of Support, etc.

You should make sure to NOT leave the US until you have gotten an Advance Parole or your green card. Leaving the US will trigger a 10-year ban due to the amount of "unlawful presence" you have accrued. You are eligible for Adjustment of Status in the US.

[Ste]

You should have one check for $535 for I-130 and one check for $1225 for I-485. I-765 for EAD and I-131 for Advance Parole are both free for I-485 applicants; they are optional but I recommend you apply for both of them since they are free so there's no reason not to.

The main applications are I-130, I-485, I-765, and I-131. Read each form's instructions carefully to see what supporting forms and documents each form needs. For example, I-130 for spouse needs I-130A, 2 photos each, proof of citizenship of the petitioner, marriage certificate, various evidence of bona fide marriage, etc. I-485 needs your birth certificate, you photo, I-94, I-693 medical (could be sent with I-485 or sent later), I-864 Affidavit of Support, etc.

You should make sure to NOT leave the US until you have gotten an Advance Parole or your green card. Leaving the US will trigger a 10-year ban due to the amount of "unlawful presence" you have accrued. You are eligible for Adjustment of Status in the US.

Thanks for the information. I still have copies of my previous attempt with the i-485, i-130(&a), i-765 & i-864 from the first marriage so am using those as guides as they havent changed much since 2003. I did not however file the i-131. For my situation is this required as I will not be leaving the country until Greencard is issued? "Use this form to apply for a re-entry permit, refugee travel document, or advance parole travel document, to include parole into the U.S. for humanitarian reasons."

My previous post also asked what status is on my i-94 and what I should write for my present status. Looking at the document it looks like a "W", Guessing it means Waiver but what would be my present status? Overstayed/non-resident alien?

[newacct]

Thanks for the information. I still have copies of my previous attempt with the i-485, i-130(&a), i-765 & i-864 from the first marriage so am using those as guides as they havent changed much since 2003. I did not however file the i-131. For my situation is this required as I will not be leaving the country until Greencard is issued? "Use this form to apply for a re-entry permit, refugee travel document, or advance parole travel document, to include parole into the U.S. for humanitarian reasons."

Neither EAD nor Advance Parole are required. They are nice to have just in case; they are free so there is no downside to applying.

My previous post also asked what status is on my i-94 and what I should write for my present status. Looking at the document it looks like a "W", Guessing it means Waiver but what would be my present status? Overstayed/non-resident alien?

People entering on VWP get "WT" for visitors for personal reasons, and "WB" for visitors for business. For your present status you can say something like "VWP (out of status)" or "VWP (expired)" or "VWP (overstayed)"

Also, just to make sure, your fiance is a US citizen, right?

[Ste]

Neither EAD nor Advance Parole are required. They are nice to have just in case; they are free so there is no downside to applying.

People entering on VWP get "WT" for visitors for personal reasons, and "WB" for visitors for business. For your present status you can say something like "VWP (out of status)" or "VWP (expired)" or "VWP (overstayed)"

Also, just to make sure, your fiance is a US citizen, right?

Yes, she is a Texan girl. We are actually planning on moving back there as Colorado is just too expensive to live these days.
Thanks again for sharing your knowledge. I started going through the forms today just to be prepared as we plan on getting married in the next few weeks so I want to get the process started asap.

[Houston2016]

...I started going through the forms today just to be prepared as we plan on getting married in the next few weeks so I want to get the process started asap.

If you want, I can sand you my Cover Letter for I-130 and I-485 concurrent filing.
We didn't file I-765 for EAD and I-131 for Advance Parole with it as my husband had work visa and could travel with it.

I highly recommend to search internet for examples of a Cover Letter for I-485 AOS and use it as "go-by" and check list. Also, there are plenty of tutorials on U-tube how to fill up the forms and how to put your package together into envelope to send to USCIS. It sound simple, but there are some rules you have to follow, like not staple you papers.

Even you would sand many forms in the same package treat each form if you would sand them separately. You would have two binders I-130/I-485 and I-765/I-131 each should have their own cover letter. They will be processed in the different offices.
Most importantly read the instruction to each form and follow it religiously.
I printed them out and went with highlighter to mark what is apply and what is not to my case and then modify "go-by" cover letter.

I would recommend to "Front Load" your case - send all evidences of your bona-fide marriage with your case. It would ease your interview. Some people, including me, who "front loaded" their application had easy interview and were approved same day.

Some has advised that you can sand your medical later, I would not do it. You might receive RFE for it and it could delay your case. I understand the money is tight, but instruction clearly said to sand it with application, so you should follow the instruction.

[Ste]

If you want, I can sand you my Cover Letter for I-130 and I-485 concurrent filing.
We didn't file I-765 for EAD and I-131 for Advance Parole with it as my husband had work visa and could travel with it.

I highly recommend to search internet for examples of a Cover Letter for I-485 AOS and use it as "go-by" and check list. Also, there are plenty of tutorials on U-tube how to fill up the forms and how to put your package together into envelope to send to USCIS. It sound simple, but there are some rules you have to follow, like not staple you papers.

Even you would sand many forms in the same package treat each form if you would sand them separately. You would have two binders I-130/I-485 and I-765/I-131 each should have their own cover letter. They will be processed in the different offices.
Most importantly read the instruction to each form and follow it religiously.
I printed them out and went with highlighter to mark what is apply and what is not to my case and then modify "go-by" cover letter.

I would recommend to "Front Load" your case - send all evidences of your bona-fide marriage with your case. It would ease your interview. Some people, including me, who "front loaded" their application had easy interview and were approved same day.

Some has advised that you can sand your medical later, I would not do it. You might receive RFE for it and it could delay your case. I understand the money is tight, but instruction clearly said to sand it with application, so you should follow the instruction.

Thank you kindly for the information, a copy of the cover letter is most welcome too. It is a lot of to take in but the more I learn and read the better I will be prepared. I have lots of evidence to support the fact we have been a couple for 15 years and will be married in the near future so I will be able to front load the applications like you suggest in hopes for an easier time. I hadnt thought about youtube for this type of information so I will start watching videos too. I'm fairly adept at government form filling as I completed my own divorce earlier this year just incase my ex wife never did "get around to it" all those years back.

[Ste]

When filing out the forms it says,
"Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, ?Provide the name of your current spouse?), type or print ?N/A,? unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, ?How many children do you have? or ?How many times have you departed the United States?), type or print ?None,? unless otherwise directed."

Does this mean I should not leave any line blank?
Example is question i-485 part2 q3, "Receipt number of underlying petition (if any)"
Should I put in N/A as I dont have one or leave the line blank?

[newacct]

Example is question i-485 part2 q3, "Receipt number of underlying petition (if any)"
Should I put in N/A as I dont have one or leave the line blank?

You should put something like "(Concurrently filing)". You do have a petition -- the I-130 -- it is just that it is filed concurrently with the I-485 so you don't know the receipt number yet.

[Ste]

You should put something like "(Concurrently filing)". You do have a petition -- the I-130 -- it is just that it is filed concurrently with the I-485 so you don't know the receipt number yet.

Thanks.

For other questions where they ask for things like Alien Registration number (if any), Social Security Number (if any), and I dont have numbers would it be best to type "none", "n/a" or leave blank?

[newacct]

Thanks.

For other questions where they ask for things like Alien Registration number (if any), Social Security Number (if any), and I dont have numbers would it be best to type "none", "n/a" or leave blank?

For those things that you could potentially have, but you happen not to have, put "none". For questions where it can't apply due to other answers, you can put "N/A".

[Ste]

So I have a new question I'm hoping to get advice to...

My fiancee's father has not been doing well so we are going to move down to Texas sooner than planned so we can assist him with his daily life.
This means I will apply for my AoS in Texas as the wedding will only be a week or two before we actually move. It also means she wont have a job down there as her job will be taking care of her Dad. Possibly a part time job but I would prefer to be the one working so she can be with her Dad.

What would this mean for the filing of paperwork? and just how much more difficult would it be for me to get an EAD as I will need to work asap to provide.

[newacct]

So I have a new question I'm hoping to get advice to...

My fiancee's father has not been doing well so we are going to move down to Texas sooner than planned so we can assist him with his daily life.
This means I will apply for my AoS in Texas as the wedding will only be a week or two before we actually move. It also means she wont have a job down there as her job will be taking care of her Dad. Possibly a part time job but I would prefer to be the one working so she can be with her Dad.

What would this mean for the filing of paperwork? and just how much more difficult would it be for me to get an EAD as I will need to work asap to provide.

The problem is she needs to have a certain level of current household income for the I-864. If she is not working then she doesn't have current income.