Overstayed my b2 visa and now married to USC

[chrizziam07]

Hi there folks. I?ve been reading threads in here lately to have some sort of idea for filing a I-130 and adjustment of status for myself. I previously have my J1 visa and changed to B2 visa but overstayed my b2 visa for like 6 mos now. I just got married to a USC and we are figuring out if we can file the adjustment of status by ourselves. Or is it best to hire an immigration lawyer at this time? Or should we just file it by ourselves. Ideas and opinions please. Thanks!

[newacct]

Hi there folks. I?ve been reading threads in here lately to have some sort of idea for filing a I-130 and adjustment of status for myself. I previously have my J1 visa and changed to B2 visa but overstayed my b2 visa for like 6 mos now. I just got married to a USC and we are figuring out if we can file the adjustment of status by ourselves. Or is it best to hire an immigration lawyer at this time? Or should we just file it by ourselves. Ideas and opinions please. Thanks!

Yes, you can do Adjustment of Status. It should be straightforward to do without a lawyer. Whether you are in status is irrelevant for AOS in the Immediate Relative category (spouse, parent or unmarried under-21 child of US citizen), and it is also irrelevant how long you have been out of status.

I am assuming your J1 did not have the 2-year home residency requirement. If it did, you cannot immigrate until you satisfy the requirement or it is waived. (But if you had the requirement, you should not have been able to do a Change of Status in the US anyway. So unless you meant you left the US and came in again on a b2 visa, your having done Change of Status in the US probably means you did not have a 2-year home residency requirement.)

[chrizziam07]

Yes, you can do Adjustment of Status. It should be straightforward to do without a lawyer. Whether you are in status is irrelevant for AOS in the Immediate Relative category (spouse, parent or unmarried under-21 child of US citizen), and it is also irrelevant how long you have been out of status.

I am assuming your J1 did not have the 2-year home residency requirement. If it did, you cannot immigrate until you satisfy the requirement or it is waived. (But if you had the requirement, you should not have been able to do a Change of Status in the US anyway. So unless you meant you left the US and came in again on a b2 visa, your having done Change of Status in the US probably means you did not have a 2-year home residency requirement.)

i dont have the 2 year home residence on my J1 Visa. But then, im working (which they call under the table) and using my social # when i was J1, will it bar me from adjusting my status?

[scientist2016]

i dont have the 2 year home residence on my J1 Visa. But then, im working (which they call under the table) and using my social # when i was J1, will it bar me from adjusting my status?

Having unauthorized employment does not prevent AOS in your category. But do not lie about this unauthorized employment, since that will get you in to trouble.

[newacct]

i dont have the 2 year home residence on my J1 Visa. But then, im working (which they call under the table) and using my social # when i was J1, will it bar me from adjusting my status?

Working illegally is irrelevant for AOS in your category. However, you should make sure you didn't claim to be a US citizen on any I-9 forms you filled out when you started working. Also, you should make sure you have filed tax returns on your income in the years you worked if your income was above the threshold for needing to file a tax return. Another complication is that I believe the I-539 form to apply for Change of Status in the US asks about your employment; did you disclose your illegal employment when you did Change of Status to B2? If not, maybe that can be considered material misrepresentation, which causes a lifetime ban.

[chrizziam07]

Working illegally is irrelevant for AOS in your category. However, you should make sure you didn't claim to be a US citizen on any I-9 forms you filled out when you started working. Also, you should make sure you have filed tax returns on your income in the years you worked if your income was above the threshold for needing to file a tax return. Another complication is that I believe the I-539 form to apply for Change of Status in the US asks about your employment; did you disclose your illegal employment when you did Change of Status to B2? If not, maybe that can be considered material misrepresentation, which causes a lifetime ban.

i filed tax returns yearly and when i changed my status to b2 im still in J1 visa, that's why i didnt disclosed that.

[newacct]

i filed tax returns yearly and when i changed my status to b2 im still in J1 visa, that's why i didnt disclosed that.

You mean you only worked illegally after changing status? That's okay then. You will need to factually disclose your illegal work on I-485 Part 8 #16 (in addition to your overstay in Part 8 #17).

[chrizziam07]

Yeah. Is it okay to use website services which is way more cheaper than hiring a lawyer Like simplecitizen?

[newacct]

Yeah. Is it okay to use website services which is way more cheaper than hiring a lawyer Like simplecitizen?

I wouldn't trust any "services". Just file the forms yourself.

[chrizziam07]

And if ever i tick yes on part 8 #16 and 17, i read that i have to explain this on the additional information, do you have any idea on what to explain regarding my overstay and unauthorized employment?

[newacct]

And if ever i tick yes on part 8 #16 and 17, i read that i have to explain this on the additional information, do you have any idea on what to explain regarding my overstay and unauthorized employment?

No "explanation" is needed beyond just a factual statement of what happened, i.e. just state that your status ended on X date (which should also be in your I-94 information section) and you stayed beyond that; and you worked for X company during X time period (which should also be in your employment history section) and you were not authorized to work at that time.

[chrizziam07]

Thank you so much for your help! I really appreciate it. Just one last question on I-864 on how to calculate household size. I have 3 children in the Philippines and we are not going to petition them at this time. Should my husband put 5 on the household size or just 2 for the both of us? He doesnt support my children but i do.

[newacct]

Thank you so much for your help! I really appreciate it. Just one last question on I-864 on how to calculate household size. I have 3 children in the Philippines and we are not going to petition them at this time. Should my husband put 5 on the household size or just 2 for the both of us? He doesnt support my children but i do.

I am not sure whether they could as "dependent children". I have heard that if your husband doesn't claim them as dependents on his taxes, they are not counted as "dependent children".

[chrizziam07]

Thank you so much for your advise!

[chrizziam07]

Hi there i just got confused since i worked without authorization, should i stop working upon filing?