Forms: I-130, G-325A for both of you, photos for both of you, fingerprints, medical examination, I-485, I-765, I-864, I-824 and lots more. The instructions are on the forms. This is only for you. The children have to wait until you get your green card first.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
I think it unwise to seek "quick and free" "legal advice" on a website if you value your immigration status. This site is not meant to ask "which forms to fill-out" when that question inevitably involves the professional legal judgment of an attorney. You case involves more than choosing forms and filling them out. If you dont believe that, go ahead and research how many people are denied and deported for just "filling out" forms. I would at a minimum, consult in private with an immigration lawyer before doing anything.
Each of the above posts is correct. You are in a risky situation since you have overstayed your visa, so if you were to mess up on your application, you could easily subject yourself to getting deported out of the country and away from your husband. In this situation, it is especially important (and worth the cost!) to seek legal advice from an expert.
The forms for your petition are: Form I-130, Form G-325 (for you and your husband), Form I-864 (for your husband and co-sponsor if any), Form I-693 (for you, to be partly accomplished by a USCIS accredited physician), and Form I-485. You can download the forms as well as the instructions for each from the USCIS website (www.uscis.gov). Please note, however, that filing a relative petition is not as simple as filling out forms. There are certain eligibility requirements that you and your husband I recommend that you seek an immigration lawyer's advice before you proceed with the filing of the petition.
As for your minor children, there are two possible options. You can petition them after you have obtained your green card or your husband can petition them as his step-children since they were under 18 years old when the marriage took place. Either way, the petition can be filed using Form I-130. Since the children are out of the United States, they will have to apply for immigrant visa through consular processing. Again, I recommend that you seek an immigration lawyer for advice on the eligibility requirements and procedure before you proceed with the filing of the petition.