-Victoria

Hey guys,
Maybe you know this. I came to the states in Feb., married and did not apply for the adjustment of status. My husband and I thought we will be able to apply for this any time but somebody told us that my adjustment status is expired now and I do not know what to do... :? .

-Victoria

I had a Fiancee Visa, but now I was told I am out of status and I do not know to apply for the AOS or not?.

Nilda

Did u get married within the 90 day period? I dont think you will have a problem... who told you you cant apply anymore?.

-Victoria

Some lawyer told me that I am out of status now and I can apply for the green card any time? can u clarify this a little?.

Nilda

I always thought that once you married a US Citizen as long as you entered legally and didnt violated any law like felony your are forgivable.

I came here on B1/B2 and married a US citizen... we we'rent able to file our AOS right away so I was out of status for few months. I called the Immigration and asked if I will have a problem... they said No and said just make sure to file the AOS as soon as possible and dont leave the country without getting the GC first.

I didnt have a problem actually when I had my interview she didnt even care about my status all she asked if how I entered the US and when she saw B1/B2... she said legally ... you have no problem.

Try to call the immigration, if you're afraid dont give your name or might as well consult another lawyer.

This is just my opinion.

Goodluck. .

FlightRisk

You are out of status and so can't work legally. As other posters have stated, as long as you got married in the correct window, and try to file for AOS as soon as you can, they tend to ignore the out of status situation in the case where the AOS is based on marriage to a US citizen

Rete

Even if she didn't marry in the correct window of time she can still file for AOS as long as she married the person who filed for her. She will need the I-130 in addition to the other AOS documents. But will have to understand that she has been out of status from the moment her I-94 expired and/or the visa she used to get into the US.

Shaking head at the stupidity of some people who have not researched the adjustment process for migrating to a foreign country thoroughly and have placed their lives in jeopardy for failure to think ahead.

dakota44

You must do a LOT of headshaking. That could cause brain damage. I suggest using a simple explitive as an alternative. But you're right..amazing how many ignore the rules or fail to research them and then go "Oooops Now What?"

Rete

LOL Have shaken my head so much in the last 9 years that some of the loose grey matter has slipped out through my ears ;-)

dakota44

That's just not healthy..not to mention the mental image of grey matter oozing from your ears is quite disturbing. There goes my lunch .

lpdiver

I would apply as soon as possible. If you are more than six months expired you may have to file for a waiver. If you are more than one year you
"could" be subject to a ten year ban. For six months it would "only" be three years.

t

Noorah101

The ban only applies if she leaves the USA, of course.

Rene

Rete

A waiver for what? In a case like this, marriage to a USC the only time you need a waiver for overstay is if you are applying for an immediate relative visa outside of the US. The USCIS doesn't care if you have overstayed 10 years as long as you entered legally/documented.

lpdiver

OOPs...missed the fact that they hadn't left.

"placed their lives at jeopardy?" I wasn't aware that immigrations violations were capital.

T

scrubbedexpat099

I believe its something they are considering adding to the Senate Comprehensive Immigration Reform Bill.

After Saddam's Video was such a big hit, it seems the way to go.