misssunflowerblue

Hi! This might be long winded so stick with me!
My now husband came out here on Sept. 8th, 2006! He had a 90 day visa waiver. We got married on Oct. 8th, 2006. Since then we have seen people, lawyers etc. And we keep getting the wrong information. We started his medical in Nov of 07 and finished it it April of 08, so when does this expire? Some have said a year, some have said never!
I keep getting mixed messages on what forms to fill out, when to send them in. So basically what I want to know is what forms do I send out, do they all go together?! Since my husband overstayed now by two years is he considered illegal eventhough we are married?! Any help would be greatly appreciated!!! Also, can he travel within the united states by plane or is that a no go? Sorry If this is really choppy! Thank you in advance for reading

meauxna

Did being 'just married' net him any sort of US immigration status: No.
He hasn't been able to get a job, right? Or a driver's license?

What did lawyers tell you?

Does it occur to you that it might be more than "forms"?


Here is an explanation of the process your husband eventually needs to go through:
Guide for Adjusting Status - Including a Concurrent filing of the 1-130

However, you may want to consider consulting with an attorney who does family based adjustment cases to make sure there are no problems lurking in the background.

If your husband leaves the US before getting his green card, he will be banned from returning for at least 10 years.

Noorah101

Your husband is now out of status in the USA and can be put in removal procedings if he does something out of line.

He can travel within the USA using any photo ID (his passport?) but not sure I would risk traveling around and making it known that he's out of status.

You need to file an Adjustment of Status (AOS) package, PRONTO:

I-130
I-485
I-864
G-325a (a few of them)
I-765
Results of a full medical exam done within the past 1 year

Don't bother with the I-131 for travel, as he won't be eligible to use it.

Total fees for filing = $1,365, included with the AOS package.

All forms can be found at www.uscis.gov, Immigration Forms. All forms get sent all together with the fee to the address listed on the I-485.

What kept you from doing this way back in 2006?

Rene

penguinbar

Personally I would not travel around the states . I was at JFK going through security going on a flight to Florida and 2 German girls were pulled aside after they showed their passports and the officer at the airport realised that they overstayed. I heard him say that they weren't going to Florida that they were going home and wouldn't be allowed back in the states for a very long time. When my husband (then fiancee) was visiting here last year and we went to Charleston they scrutinised his passport( He showed them his British licence but they insisted on seeing his passport) and questioned him about how long he'd been here(two days at that point on the VWP) and when he was going home. (less than a week later). Also a group of Irish guys that I know that were also overstayers got caught on an Amtrack train from NYC to Boston and were arrested !! and sent home. Everything is computerised nowadays and they seem to be able to find out practically everything! How has your husband been working? I would get a lawyer ASAP. Or even go to a consulation with one.

misssunflowerblue

Hey all! Thank you so much for all your replies! My husband and I didn't get on this back in 06 soely because of the money! Young and in love you don't really think of it do you?! I know it was a stupid move but I can't really go back now can I? We spent over 2000 on his medical and then didn't have much left to spare! Thanks again, I will check out all suggestions

meauxna

Two thousand dollars for a medical exam! Two hundred?

Look up Catholic Charities or another immigrant assistance group if you can't afford a lawyer. Be sure to do a lot of research before you send anything in. You'll find the other posts here very useful I'm sure.

misssunflowerblue

I know its hard to believe, but it was very close to $2000! We got sent here, there and everywhere! Since he had a shot against TB in the UK when he was a child his TB test came up 'could be positive' so they sent us out to spend more and more money and xrays, tests! It was a complete load of crap, I am sure we got taken for a ride

Noorah101

I think you did get taken for a ride, but what can you do now. That was back in 2006, right? Now it's 2009, and will probably be expensive again (hopefully not in the $2,000 range), but he's gotten the vaccinations at least, and won't have to re-do those.

Rene

misssunflowerblue

Well actually we just finished the medical in April of last year, so I believe it is valid up until this April right? I think we have just run into some people who are more concerned about making money than helping my husband and I make our new lives work. I am hoping we can just pull through on that money this year and get it out of the way, and have him be a permanent resident once and for all.

meauxna

The form for the medical has changed recently and old forms are not being accepted. That said, if your DH's medical is on the old form, an immigration doc might transcribe it for you for a fee that is less than re-doing the medical.
Look for a thread I recently bumped up concerning the medical changes.

Noorah101

Yes, his medical should be good for 1 year. You started the medical process in 2006, and just finished it in 2008? How is that possible? Hopefully you went to a USCIS approved doctor for the medical...you did, right?

Rene

misssunflowerblue

The doctor mentioned something about that, and I believe she added a note in their saying we started doing it when the old forms were valid and then finished when they weren't I swear this is ridiculous.
But thank you so much for the heads up, the medical is sealed in an envelope I don't dare open it to check

misssunflowerblue

No we started his medical in 07, and finished in 08. It was because of the TB crap they pulled on us. Yes, we did go to a USCIS approved doctor. The problem is we did the medical put out close to $2,000 and then had no money left for the forms, and now we are in the situation where the medical is going to be invalid in April, really its a nightmare

meauxna

Yes, I see that you shouldn't open it... here's the info I referenced earlier.


USCIS has revised the Report of Medical Examination and Vaccination Record (Form I-693) to include these new vaccination requirements. The June 5, 2008 edition of Form I-693 must be used for any medical examination completed on or after August 1, 2008.


I don't know what happens in a case like yours. But I think you'd better get your case filed before that medical expires.

misssunflowerblue

[QUOTE=meauxna;7218864]Yes, I see that you shouldn't open it... here's the info I referenced earlier.


USCIS has revised the Report of Medical Examination and Vaccination Record (Form I-693) to include these new vaccination requirements. The June 5, 2008 edition of Form I-693 must be used for any medical examination completed on or after August 1, 2008.:curse:



Thank you for that, unfortunately I dont think he has all of those, so now we start right back again. :curse: