Adjustment of Status?
The last time he came to America, he was due to return to England after two weeks, but then extended his stay for another month and purchased another airline ticket. He had a well-paid job to return to in England, which also provided accomodation who were understanding. After he extending his stay, my sister and he decided for him to stay longer, and paid to change the plane ticket for another date. They did this two more times, until they decided that he should probably stay with my sister and nephew.
Now he has been in America illegally for a little more than a year from when his Visa Waiver expired. Now they are married, can they apply for an adjustment of status and all the other papers so he can stay legally with his family?
Answers:
I-130 approved, can I temporarily visit US?
Although he has overstayed his visit, the adjustment of status is actually still possible.The form that your sister will need to file on behalf of her now husband will be the form I-130 Immigrant Petition for a Relative. Her husband will also need to file the form I-485 to adjust his status. Generally, if he had initially entered illegally to begin with, he would have to return to his home country... However, my information indicates that, even if he is now out of status, he is still eligible to file for his adjustment at the same time that his wife files the I-130 for him, so long as he did enter legally.
If the two of them choose to file these forms, you will essentially need what is called the adjustment package. This includes the two forms I previously told you about, as well as the form G-325A, which is for biographic data for both of them, the I-864, which provides financial proof that she can support him while in the US & he will not become a burden of the government, and also two additional forms. These forms do not HAVE to be filed, but if desired, they can be. Those forms are the I-131, which is an application for a travel document in case he would like to travel while waiting for his permanent resident card... And also the I-765, which is an application for a work authorization document, which will allow him to work while waiting for residency. If you decide to file the two additional forms, you will need to include all of the appropriate fees.
These forms can all be downloaded from USCIS' website at http://www.uscis.gov
If the application for work is filed, then that will take a maximum of 90 days. If the application is not adjudicated by that time period, the husband would become eligible for an interim, or temporary, card until he receives his actual one by mail.
All of these forms will be filed at an office in Chicago Illinois, which can be found on the instructions of the I-485. All forms have different requirements that must be submitted with them, so make sure you read each form's instructions very carefully. Oh, and the fees are increasing Monday, so if you decide to file these & your sister does not want to pay an outrageous filing fee, then you may want to devote your day tomorrow to filling these out. The application must be postmarked by Sunday in order to stay with the lower filing fee. For example, right now the fee for the I-485 alone is 395, that doesnt include the other fees for other applications. On Monday it's going to go up to 1,010 though.
Good luck with everything. Oh, and if you have any questions or doubts about the information I've provided, you can always call USCIS' toll free customer service number also posted on the website I gave you. Unfortunately theyre closed on weekends, however...
But... I am a Customer Service Representative at that center, so the majority of the information I have provided is essentially verbatim from script (after a year and a half, everything tends to roll off the top of my head, lol). So essentially, any other person you talk to at that number will tell you the same information I have.
Good luck with everything!!
Go back to the UK and start the paperwork. You can't become legal while you are here illegally! Marrying a citizen isn't automatic citizenship. He still has to apply.
Good luck!
If your sister is US citizen and he entered legally, he can adjust status here by filing AOS application. He can also file for work permit.
No matter what, he should not leave. If he leaves without filing AOS, he won't be able to come back for ten years.
AOS here is not a problem.
I find it interesting that a guy with a name like Madan Ahluwalia knows more about the immigration system then most of us.
I think America needs to get in touch with its immigration laws and take back our country.
No offense Britt but your a criminal. Your love and your families love for you has made you so. I hope that in your process of becoming legal you have sever, heavy and stiff fines because you have broken the law. Illegal aliens have no rights in this country regardless if you are married to a US citizen or not.
We can't enforce our immigration laws willy nilly we have 12.5 million in the Southern States who could all claim the same reason, love.
The Immigration information post by website user , ImmigrationReady.com not guarantee correctness.
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