Need Green Card help ASAP

[alba77]

Somebody help me please?

I came to USA llegally in 2004 as excange student.I had a valid J-1 visa till may 2005 when it run out.Than I met my present husband at that time he was my boyfriend and I stayed on after that.We got married 4 moths ago ( he is american citizen )but we still didn't file for any of papers.
Can somebody please help me and tell me what to do and in what order.

P.S. My passport will expire in may 2007

Thank you

[curiousone]

Hi,

Whether or not he can file for you right now depends on whether you're subject to 212(e) .....2 yr residency requirement. Look on the page with the Visa ..if you're, it will say "bearer subject to 212(e).

If you are, you have a problem. You would not be able to change to another status unless you have spent 2 yrs in your home country. The only way to overcome that requirement is to apply for a waiver which is a long and difficult process and not many are granted, especially if your gov paid for any part of your program. I'm not sure where you're from but in the Carib, you can't have any student loans outstanding either. You'll also have to get a "no objection letter from your Embassy here in the US.

Its a pity you didn't return after your program ended as you would have already completed a year of the requirement.
Go the departemnt of state website and you'll see the requirements and the process there. Good luck

[curiousone]

...Also, was that your only visa? had you returned and applied, you probably would have received a visitors visa. Be aware that you have already overstayed almost a year. Perhaps you want to contact an experienced immigration attorney?

[alba77]

I looked on the page with my visa and it sais bearer is not subject to section 212 e two year rule does not apply.Will I be able now to change to another status and should I apply now for I - 130?

Thanks again for your help

[curiousone]

Yes, you'll be able to change your status........

File I-130 (your husband completes this, not you)
I-485
I- 864
G-325
I-639 (medical, not sure if thats the correct # of the form)
I-765 (work authorization)

You could file everyhting now and do the medical later but before the interview. You need photos for the forms and if you go the USCIS website you'll see the new fees and where to send the forms.

Attach copies of your marraige certificate, birth certificate, proof of your husbands US citizenship, I-94 and passport and evidence of your life together. Do not send originals and make a copy of every form you sen d and please, send it certified mail so you have proof.

The work permit takes around 90 days . because you have overstayed, do not travel before you get a GC even if you apply for and receive Advance Parole but the overstay wont prevent you getting your green card. Good luck