how to get a green card if I'm married to a u.s. citizen but my visa is about to expire?
Hi I'm mexican with a B1 visa (tourist) staying in CA. with a I-94 permit (for six months) and me and my bf (a us citizen) got married last week and now he wants to get a green card for me but my visa expires in 3 weeks so I don't know if that's going to be a problem when we fill the I-130 form or if I'm going to have to go back to Mexico or if I can fill the form with his address now that we got married. We have a baby so going back to Mexico doesn't sound great for him. I'm having a panic attack! I've heard about the "overstay visa" term and some people say it's not that big of a deal since I enter the country legally and my now husband doesn't think we need a lawyer because it's basically someone else doing something we can also do... thank you
Brother Hesekiel2011-07-26T13:14:59Z
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If you have a B1, that's a business visa. If you have a visitor's visa, that's a B2. Doesn't matter, really, but I wanted to mention it.
The visa is the entry pass. You need a visa to enter. How long you can stay is determined by the I-94 in your passport. Once that date has passed, you are out of status.
If you are now married to a US citizen, you will file for Adjustment of Status (AOS) with USCIS. The forms needed are I-130, I-485, I-765, I-864, and G-325a. All forms need to be filed concurrently. The cost is $1,070 and you will also need a medical from a civil surgeon in the US. When filing for AOS, being out of status and working without authorization is "not being made an issue of." Call it "forgiven" if you will.
The whole AOS process takes between 3-1/2 and 5 months. During this time you cannot leave the US or your petition will be considered abandoned. If you have no overstay by the time your AOS package has been received, then you can also file an I-131 (Advance Parole) with your package (only then it's free). If you have overstay and use it, you won't be let back in.
AOS in your situation is straight forward, a daily occurence, and you don't need a lawyer for this if you know how to fill out a form.
For more info go to http://www.visajourney.com and read the AOS Guide.
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No problem. Follow the procedure at this link below. You will be allowed to remain in the US pending a decision regardless of whether your I-94 has expired. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD
Your husband is correct. An attorney is not required if you understand the completion of the forms.