How to Get a Green Card If I Overstayed on a K3
- 1). Locate a relative or employer inside the U.S. The relative must be a U.S. citizen or permanent resident who is your brother, sister, parent, spouse or child. The employer must promise your employment inside the U.S.
- 2). Have your relative or employer visit the USCIS website (uscis.gov). A relative should search for form I-130, while an employer should find form I-140. Print out the form and the instructional booklet.
- 3). Get your relative or employer to read the application instructional booklet. Have them fill out the application with black ink, providing an "N/A" for questions that cannot be answered. Help them answer the questions about your visa history and why you overstayed your K3 visa.
- 4). Help your relative or employer gather the required documents. These documents may include birth certificates, marriage licenses or proof of employment.
- 5). Obtain a U.S. Postal money order for the payment of the filing and biometric fees. Make the money order payable to the Department of Homeland Security and mail it in with the application and documents to the appropriate lock-box facility. The location of the lock-box facility will be listed on your application.
- 6). Receive a notification that USCIS has received the petition. Use the notification to file form I-485, Application to Register Permanent Residence or Adjust Status. You will need the notification in order to be eligible to file form I-485.
- 7). Find form I-485 on the USCIS website. Print out the application and instructional booklet. Read the booklet carefully, fill out the application in black ink and provide an "N/A" for questions that cannot be answered.
- 8). Gather the required documents. These documents may include police clearances, medical records and passports. Obtain a U.S. Postal money order in the amount of $1,070 made payable to the Department of Homeland Security.
- 9). Mail the application, documents and money order to the appropriate lock-box facility.
- 10
Receive a response from the government and cooperate. You may be denied status or conditionally approved pending an interview to validate the claims on your application and biometric exam. You will be subject to fingerprints at the biometric exam.
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