Need urgent help! Overstay to AOS - Page 2

I had DUI back in 2005 I think. I talked to a lot of lawyers they just wanted shit loaded money from me so I file DACA myself and it was approved with no problem. You don’t need a filthy lawyer

I mean my case is probably a bit different than yours. It really depends on the law of the state, and whether you can expunge it or take a preventative driver class to avoid the charge on your record as a DUI. Besides that my DUI occurred while already being on DACA so they probably didn't like that either.

Yea, as long as you have it expunged now you will be fine with AOS process .

Denied for what reason? By the way, my lawyer recommended that we check YES for my AOS process but I was also forgiven for working without authorization per section 245i.

Working without authorization is also forgiven Adjusting through a USC Spouse for Permanent Resident.

$10K? Really? Even the most expensives cases doing AOS don't go over $5K. Why so much?

If you are married 4 years then this should be a much easier process because you would get the 10 year card not 2 year conditional and no you working without authorization is forgiven. Consult a lawyer and see what they recommend to put on I-485.

If your wife makes enough to cover the 125% of the current poverty line then she'll just fill out I-864, list her last years income, include a copy of the last tax return (IRS form 1040), and a copy of her W-2.

Since you are not working legally your income cannot be used by her for purposes of I-864. Don't worry, USCIS won't think that you are trying to hide income.

From my personal experience (Similar case like yours: Visa overstayed, then DACA, then AOS, and now PR), I personally wouldn't include any amounts that you didn't earn without the proper way. I was asked the day of the interview to explain where I currently work, what it is that I do, and if I've ever worked illegally in the past, also to give them the income taxes from the last 2 years where my wife and I filed together. Obviously, thanks to my age (25 yrs old) I was able to tell them that I was child and my parents didn't allow me to work until I applied for DACA. In other words, what I'm saying is that I would only put amounts that I could only legally proof in the worst case. Anything that you got underwater I would just keep it away and not even bring it up.

Remember that USCIS is not on your side, don't get it twisted! it is your responsibility to proof to them that you are here in good faith. They're not here to believe you or to defend you. It is their job to find fraudulent cases so be sure that everything you provide can be proven in front of them or a judge (again hopefully it's an easy case, but I prepared for the worst just in case)

All the best! Wish you luck in your case!

Yes she makes well over the amount needed. So that's what we are going to do, thank you for reinforcing this tough its much appreciated.


So I know I won't be including my income in the i-864, but they are going to see that im currently working unauthorized because of the i-485 section that asks for the past 5 years of employment and I have been told for this that I must tell the truth.

When I AOS'd I put in my work history as asked (2 years included work without DACA) because my lawyer said not to lie as that would be grounds for denial but unauthorized work was forgiven for AOS cases through marriage. Topic didn't even come up in the interview.

How did you get your PR? I had a co-sponsor that covered 100% of the I-864 requirements. The applicant's income is never asked and it won't matter how much the applicant earns anyway (This is for I-485). I never had DACA though.