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Immigration Issues/marrige - overstayed visa



I have overstayed my student visa (f1) by almost 2 years. I have recently got married to an american citizen (by birth) and right now I am applying for green card/change of status/ temporary wok permit.

This is what I am thinking right now, correct me if I am wrong.I need to file

I-130 petition for alien relative
G-325A Biographical Forms
I-485 application for a green card
green card photographs
an affidavit of support from the spouse
an application for employment authorization

Given that I have overstayed my visa by over 1 year, can I even apply for all this?
Also, what do I need to send in additionaly due to my illegal status?
Should I still file all this first? Will they denie me?

Since my wife is in graduate school, she can not sponsor me, so a friend will be my joint sponsor.    Practicly, is he responsible for paying anything?   


I cannot guide you through a filing when I do not represent you.  You should be eligible to adjust even though you were out of status.  A friend may be a co-sponsor but your wife will also need to sponsor.  Yes, your friend is on the hook for 10 years to reimburse the government if you collect some benefits such as welfare.

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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