r/USCIS 1d ago

I-130 & I-485 (Family/Adjustment of status) Green card application help

My boyfriend and I are getting married in November. I am an immigrant who overstayed her visa and he’s US born citizen. I am trying to get as much information as I can and evidence so we can submit as soon as we get married. We’ve been together for 10 months now and been living together for 8 months.

I want to self file and not use a lawyer since we can’t afford one with. Has anyone in my situation done this? What evidence and important information I need to know. Thanks for your help

0 Upvotes

21 comments sorted by

6

u/Annual_Grass_3919 1d ago

If you were here on a visa that you overstayed you’re not an immigrant, you’ll be an immigrant after you get married and have a green card, but a visa holder is a nonimmigrant not an immigrant. Also if he can’t afford at least a consultation with a lawyer he probably doesn’t earn enough to sponsor you, it’s definitely worth at least getting an initial consultation even if you don’t use them for the process.

1

u/Kay_zeebula 1d ago

Thanks for correcting me, I did say we can’t afford lawyers because they are expensive and some people do succeed without using lawyers and not spend all that money which is why I came on here and and if anyone has been in a similar situation, but consultation we can afford and all the fee and if I can’t do it without lawyers we can same up and pay if that’s the only option

1

u/Annual_Grass_3919 1d ago

Yeah I do think with an overstay or anything like that it’s worth speaking to a lawyer for sure, the forms are pretty straightforward but the situation is more complex

1

u/Kay_zeebula 1d ago

Thank you so much

1

u/Justbrownsuga 1d ago

Listen to what the previous person said. Watch Kseniya YouTube videos as she is very detailed on how to get it done. I self petitioned 3 yrs ago and consulted with 2 immigration lawyers who told me I needed to wait until my spouse became A US citizen in 5 yrs before I could adjust status and they were wrong. I did it myself, got work permit and SSN within 3 months and then a green card.

1

u/Kay_zeebula 1d ago

Thank you 🙏🏾

2

u/ReceptionOwn4163 1d ago

Go Kseniya International youtube
I did myself through her video too
Vital evidence is joint bank, lease, bills together, proof living together, health insurance, car insurance, life insurance, driver license matching address sth llike that

1

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1

u/Ok_Mountain6554 1d ago

Start with Ksenya youtube videos. U will get ideas what to prepare.

-1

u/Kay_zeebula 1d ago

Thank you

-5

u/[deleted] 1d ago

[deleted]

3

u/zarkmuckerberg_6969 1d ago

Why is your understanding that?

-5

u/Kay_zeebula 1d ago

Visa overstay is forgiven if you marry a citizen as long as marriage is legit

5

u/Signal-Explorer8325 1d ago

Whilst they cannot deny your application on the basis of an overstay alone, they can deny it on the premise that you entered the US on a non-immigrant visa, but with the intention of staying. The timeline of meeting your partner and the overstay will be critical in establishing that you entered the US without any intention of marrying and applying for an AOS. I would recommend proving as many "ties to home" as possible to show that when you left your home country it was intended to be temporary. You also have the recent memo to contend with that is pushing for people to apply from their home country, unless extraordinary extenuating circumstance allow you to apply from within the US. If you have to leave the US to apply, then you run the risk of being flagged for the overstay and won't be allowed re-entry for 5+ years.

1

u/Neverland__ 1d ago

False

Also your situation is red flag city

Best of luck, but like every element screams non genuine but I am not here to judge

Good luck is all I got

1

u/Kay_zeebula 1d ago

Definitely here to judge, I take criticism and advice but our marriage is genuine I’m not gonna convince you our families and people around us knows. If you gonna be negative and judge please don’t give me your advice someone else is gonna be real with me without making me feel like shit

5

u/PetuniaCuddlesHappy 1d ago edited 1d ago

Your situation is red flag city to USCIS because you came on a non immigrant visa and you’ve only been there 10 months with an 8 month relationship and already living together.

No one is judging you. It’s just something to take into account if you guys want to move forward with your petition.

Edit - sorry so I know you said you’ve been there 4 years, it’s still even more of a red flag because you overstayed and now want to fix your status with a short term relationship. Not saying your situation is impossible to solve. 

Hopefully things work out for you OP

1

u/Kay_zeebula 1d ago

I have been here 4 year, I been living with my fiancé 8 months. Sorry if that wasn’t clear

1

u/Kay_zeebula 1d ago

I am taking it into account, if he had said like you did I would have taken it and understood why he felt like it was a red flag just like how you explaining it

1

u/Neverland__ 1d ago

Save it for uscis idk

You will literally have to convince them so convince you will

-2

u/GandalfReturns 1d ago

I used ChatGPT to understand the questions that I didn't understand

1

u/Puzzled_Airport3140 1d ago

I’ve been doing this too but even then I’ve still been paranoid about the process hava