Green card through marriage process

[Distance]

Howdy all,

This is my first post and I wasn't sure where to categorize it so if an admin wishes to move this post to a more appropriate location please do!

I'm pretty much looking for some input as I(we) wish to file for my wife's green card. In short, we are hoping that our situation is not complex enough to involve a lawyer but again we are open to suggestions. We have been married almost three years now and have had several rough patches in life that left us without the money to move forward with this process. However, we are stable now and would like to get this huge burden off of our minds. If I'm reading the posts and the USCIS.gov website and a few other searches the process should go as follows:

notes: I'm a US born citizen. My wife came over on a student visa via sea, she has overstayed her visa and is still in the US and has never left this country since.

File: form I-130 (Petition for alien relative $535) and because of the direct relationship/marriage concurrently file I-485(AoS $1,140 + $85 bio fee )

It gets a little gray in this area but...

Wait for a yes or no

if no: There was errors made on forms or issues somewhere that will require us to start the process over again.


if yes: we are clear to proceed
- bio's get scanned
- an interview will be setup

then complete? renew in approx 10 years or apply for full citizenship/neutralization in (X) amount of time of having green card.

Any advice or helpful statements would be fantastic~ thank you very much for taking time to read our scenario.

[boogiewoogie]

Howdy all,

This is my first post and I wasn't sure where to categorize it so if an admin wishes to move this post to a more appropriate location please do!

I'm pretty much looking for some input as I(we) wish to file for my wife's green card. In short, we are hoping that our situation is not complex enough to involve a lawyer but again we are open to suggestions. We have been married almost three years now and have had several rough patches in life that left us without the money to move forward with this process. However, we are stable now and would like to get this huge burden off of our minds. If I'm reading the posts and the USCIS.gov website and a few other searches the process should go as follows:

notes: I'm a US born citizen. My wife came over on a student visa via sea, she has overstayed her visa and is still in the US and has never left this country since.

File: form I-130 (Petition for alien relative $535) and because of the direct relationship/marriage concurrently file I-485(AoS $1,140 + $85 bio fee )

It gets a little gray in this area but...

Wait for a yes or no

if no: There was errors made on forms or issues somewhere that will require us to start the process over again.


if yes: we are clear to proceed
- bio's get scanned
- an interview will be setup

then complete? renew in approx 10 years or apply for full citizenship/neutralization in (X) amount of time of having green card.

Any advice or helpful statements would be fantastic~ thank you very much for taking time to read our scenario.

file 130 incl fees
file 485 (c9 - marriage based) incl fees
biometric fees
file 765 and 131 as well (for free) so that she can work and travel while waiting to adjust status.

Once the applications are accepted (not approved, just accepted so no glaring issues at it's face) they will ask you for biometrics,
after that the long wait begins

There are many guides on this forum and many folks doing this on their own without a lawyer. Good luck!

[Distance]

Thank you for the response! I'm glad to read we should be on the right track.

Follow-up question though, can my wife be detained and/or deported at the biometrics appointment or perhaps the interview because of an overstayed visa?

[Randomdude]

If you've been married less than 2yrs at the time of an appointment then they will issue the immigrant a 2yr conditional residence green card. 90 days prior to the expiration of that card you must file form I-751 and pay the fee's to receive the 10yr green card.

Here's the kicker though if they've been a green card holder for 3yrs and married to a USC then the might as well apply for citizenship. Good luck


Tip: Don't do the medical's until you've got an interview schedule.

[newacct]

Thank you for the response! I'm glad to read we should be on the right track.

Follow-up question though, can my wife be detained and/or deported at the biometrics appointment or perhaps the interview because of an overstayed visa?

They do not, in general, deport people with a pending Adjustment of Status just for being out of status. It's quite normal to be out of status while doing Adjustment of Status -- 100% of fiances immigrating through K-1 visas will fall out of status during their AOS, as K-1 status only lasts 90 days and AOS takes a year or so.

And, in any case, even if placed into removal proceedings, AOS can be filed with the immigration judge in removal proceedings, so she's not going to be deported no matter what.

[Tezza]

Thank you for the response! I'm glad to read we should be on the right track.

Follow-up question though, can my wife be detained and/or deported at the biometrics appointment or perhaps the interview because of an overstayed visa?

I understand why you think this, as there have been times when people have gone to appointments and ICE have been waiting. But the news articles only tell you a limited amount of information. Yes, that person has often overstayed their visa, but there is almost always more to it. For example, they already have a removal order against them, a judge has ordered them removed and they've stayed for many years despite that and have been "on the run" from ICE since then.

For a bog standard overstay, there is not usually anything to worry about. For an immediate relative of a USC, AOS is allowed to go ahead despite any overstay time. USCIS generally won't inform ICE of your overstay status unless they deny your application. So try not to worry about it.

[Randomdude]

And, in any case, even if placed into removal proceedings, AOS can be filed with the immigration judge in removal proceedings, so she's not going to be deported no matter what.

Removal proceedings suck but it can also be a plus (in a way). If its a clean adjustment you can motion for the court to move your case forward and they'll usually do it for clean adjustments meaning no arrest.

I understand why you think this, as there have been times when people have gone to appointments and ICE have been waiting. But the news articles only tell you a limited amount of information. Yes, that person has often overstayed their visa, but there is almost always more to it. For example, they already have a removal order against them, a judge has ordered them removed and they've stayed for many years despite that and have been "on the run" from ICE since then.

For a bog standard overstay, there is not usually anything to worry about. For an immediate relative of a USC, AOS is allowed to go ahead despite any overstay time. USCIS generally won't inform ICE of your overstay status unless they deny your application. So try not to worry about it.

Usually ERO fugitive apprehension goes after immigrants convicted of a crime or with an open warrant for a crime. Chances of them showing up for someone with a simple overstay is not very likely because its a waste of time especially if they have an AOS pending. Even if your AOS gets denied you can appeal or refile in some cases.

The news is very good at not mentioning prior convictions regarding people that get picked up by ICE.

Just sit back and enjoy that long wait for an interview.