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.
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 www.uscis.gov 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.
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