What is the process for a married illegal immigrant?

Hello,

I entered the United States on a tourist visa a little more than 4 years ago from Scandinavia, and overstayed the visa without leaving the US. I met my wife close to a year ago, and we got married in September after I lost my job here in California. We do expect a baby this summer I don’t know if that would help me.

My questions are, in order to apply for a green card or work permit what do I need to do? I got the G-325a form that I have to fill out along with my wife, and I got a sponsor for us also, I did the medical exam and got few shots, the photos of me and her and translated my birth certificate.

What other forms do I need to fill out?

Do I have to leave the country in order to get legal?

Do I have anything to worry about?

Thank you

No Pinheads!

you have to be here LEGALLY to apply to stay. marriage & kids doesn't allow you to automatically stay.

do the paperwork and be legal! Don't be a pinhead like the 20+ million illegal aliens that don't care about our laws.

Jeannie Out of the Bottle

If you entered with an actual visa, and not from a visa waiver nation, then you can probably adjust status without having to leave.
Your wife will have to file an I-130, and you file an I-485 together. Send in same envelope. You will also have to file the G-325 and an affidavit of support.
Your violation of immigration law by working without permission may have some negative impact.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Currently, those that entered through a visa waiver program are ineligible to adjust status while in the US and the Scandinavian countries participate in the visa waiver.

The baby will have no impact on the application.

bootsontheroad

You have plenty to worry about, you are illegal. The fastest thing you can do is turn yourself in to ICE. At least you may be able to get back in if you do have to leave.

Pavkas

if she is US citizen:

you need to send out:

i130 petition
biometrics
i765 employment authorization form
i485 this for the green card
affidavit support form

and wait for the interviews, because you entered with visa you can get a green card and be permanent resident, after 3 yrs you can be a US citizen, good luck

go to : uscis.gov to download the forms

WhyMe?

"We do expect a baby this summer I donâ€™t know if that would help me."

No, having children will not help you adjust status unless they are 21 or older. Your statement sounds kinda mean, you know?

You don't have to fill out anything else for now, you have to wait until your I-130 gets approved, if that has happened, USCIS will let you know about the further steps and schedule you for an interview.

poLIteman

As you have a legal admission to US you are able to adjust your status thru marriage. You dont have to leave (even you cant leave because you gonna have problem to come back).
You did not specify if your wife is a US citizen or resident. If she is a citizen whole process gonna take about 6-8 months.
Now you need to get in touch with GOOD immigration lawyer to file petition or some local organizations doing it for free.
If your marriage is real you have nothing to hide then dont worry.
Good luck

life is good!

a person would have to return to their home country and go though the legal process from there...baby or no baby.

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