Me and my wife moved to the us 2 years ago together, she entered on a student visa and i am a us citizen. We got married 3 months ago in FL and i would like to pettion for her green card and for her to be able to work. she has overstayed her visa by 5 months now . which forms should i fill out ?
If you want to do the process yourself, you can get all the information and forms at www.uscis.gov.
do your research on uscis.gov, they provide good instructions on the form. Better yet, hire an immigration attorney and save yourself a lot of hassle down the road.
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Hi there- If your wife has overstayed her visa, you really should consult with an attorney before filing. Also, if you don't know the basic process for filing, it will be extremely hard for you to handle the case yourself.
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Generally, you will need to file forms I-130 and I-485 along with the forms that must accompany. Most of the information could be found on the USCIS website. You may want to have an attorney guide you through the process.
There are many forms to fill out primarily the I-130, I-485, I-765, I-131, G-325A, I-864, I-693. Its best to have a immigration lawyer help you out. good luck!
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I would recommend you to consult with an attorney before filing any document.
Camilo A. Espinosa
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As many of my colleagues responded, the USCIS website can be a good place to start to get some information. In particular, they have customer guides "How Do I" that I think are helpful. Here is the link for one of them: http://www.uscis.gov/USCIS/Resources/A1en.pdf
With that said, it is recommended to speak to an immigration attorney who will be able to guide you through the process and hopefully accompany you to the interviews. An attorney will be able to anticipate potential complications and protect your rights throughout the process.
Why You Should Hire An Immigration Attorney
If you have been researching the immigration process, you probably realize from the discussion groups and other resources on the Internet that many people have successfully gone through the immigration process without help from an attorney. On the other hand, you probably also realize that a lot of people who try to "go it alone" wind up stuck in endless bureaucratic delays or even have their visa application denied. So, you may be asking yourself: "Should I hire an immigration attorney?"
Here are some reasons you should answer that question "yes":
IT WILL REDUCE YOUR PAIN, STRESS, AND UNCERTAINTY.
The best reason to hire an immigration attorney is that it will reduce the pain, stress and uncertainty that inevitably goes with this lengthy and complicated process. If you hire an immigration attorney, you reduce your pain and stress because it becomes the attorney's job to make sure your application is filed properly and to help guide you and your loved one through the immigration process. You also reduce your uncertainty, because the lawyer has been through the process before and knows how things work, whereas for you it will probably be the first (and last) time you have any contact with the immigration system.
IT CAN SPEED UP THE IMMIGRATION PROCESS IN AT LEAST FOUR WAYS:
Hiring an attorney allows preparation of your case to commence immediately, since you do not have to spend the time it would take to figure the law out on your own, let alone what applications you will need to file and what supporting documents you will need to submit;
It reduces the chances of a mistake on your application. Mistakes often lead to needless delays, and a higher chance of denial;
If there are any problems in your case, an attorney can identify and address them at the outset. This helps avoid the delays and stress you will experience if you are "surprised" by the problem later; and
If a problem does exist (or one arises while your case is pending) an attorney will have a much better idea of how to deal with it than you will, and can respond to it much more quickly.
(Please note what I am NOT saying: hiring an attorney will NOT get you "special access" or "special influence" at the USCIS, DOS, or any other relevant government agency. Any attorney who tells you otherwise is either lying to you or involved in something illegal that could come back to haunt you later.)
IT IS MORE AFFORDABLE THAN YOU THINK.
I charge reasonable fees, and unlike many other attorneys allow clients to pay in two installments instead of everything "up front." For those who are short on cash, I also accept credit card payments through PayPal at no extra charge to my clients, and offer payment plans for a small additional charge.
No matter what, you will pay for the work that needs to be done in order to go through this process successfully. In the end, you can pay in any one of three ways:
You can hire and pay for an immigration attorney;
You can "go it alone," in which case you will pay with a significant amount of time, effort, stress, and uncertainty to make sure you do things properly -- and still run a higher risk of "paying" with the delay or denial of your petition; or
If you are not willing to pay an immigration attorney or put in the necessary time and effort to do it on your own successfully, you can "pay" by dealing with endless processing delays or even the denial of your case.
How you pay is up to you.
When you consider that what is at stake is your ability to be with your loved one and their ability to immigrate to the U.S., what price would actually be too high if it means that your case will be handled competently and efficiently?
I agree with some of my colleagues; your wife has overstayed a visa and it is best to consult with an immigration attorney before you start this process. I highly recommend at least consulting one, otherwise you risk your wife's ability to obtain a green card.
I agree with my other colleagues, you should consult with an immigration attorney first before filing any forms with U.S. Citizenship and Immigration Services (USCIS). Your wife having overstayed her visa may cause complications on her ability to adjust status to that of a permanent resident. You may find the forms on the USCIS website, http://www.uscis.gov/portal/site/uscis. You will need to submit multiple forms, an I-130 to establish the family-based relationship between you and your spouse. Form I-485 to adjust the status of your spouse, Form I-765 for employment authorization, G-325 Biographic Information, Form I-864 for a financial sponsor to support the applicant during the adjustment status processing.
Because a lot of personal information will be required on these forms, it is best you consult with an immigration attorney to evaluate your specific facts, and assure they are properly filled out, that the proper supporting documentation is being submitted, and to assure that an adverse consequence would not result after you have already submitted your adjustment of status packet.
The following response is not intended to be a substitute or legal advice. You should seek legal counsel to obtain legal advice regarding your question.