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ILLEGAL IMMIGRANT married to US CITIZEN, child involved?

San Diego, CA |

I am an overstay with a tourist visa (Visa Type R Class B1 / B2). I've been here since I was 11, I am now 22 years old. My husband and I have been married since Jan. 28, 2010. We haven't been able to file anything due to financial issues. We had our daughter on Apr. 3, 2011. She's approaching 2 years old pretty soon and I would like to file for AOS now so I can help my husband save money for our future. How do I go about filing, which forms, and will having a daughter together interfere with my status adjustment? Thank you in advance.

Attorney Answers 4

  1. Best answer

    You may file Form I-130 along with Form I-485 and I-765. You can adjust status in the U.S. since you were inspected when entered the country. Having a child will not interfere with your plans. You may want to consult an experienced immigration lawyer for guidance.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2

  2. Your daughter will help your application. The forms are available on the USCIS website. If too confusing, meet with an attorney who can properly guide you through this process.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  3. If you cannot afford an attorney, you should consult a competent immigration attorney, preferably AILA member, and at a minimum have them walk you through the types of documentary proof you want to attach to the various forms already delineated by the other counsel. Go to and click on forms and go to the various forms as suggested and carefully read the instructions on each form. Your daughter is a asset to your case. Think about it logically, if your marriage was a sham and not legit and your paying your husband money under the table to help you apply for a green card, would you be having a daughter together?! Good luck.

  4. Having a child will not hurt your chances of being approved for permanent residency. However, with a larger size household to support, more income is required for the affidavit of support. You may need a joint sponsor or two.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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