married to USC with motion to reconsider, please help!

[betluck8]

Hi All,

I've been reading posts here in the forum and everybody has been very helpful. Please take time to read my situation and tell me what to do because i am at a loss right now.

Basically, i got married to a USC on April 2006. he doesn't know that my i-94 was expired already. and now, we are about to file for the INS for my petition. i don't know how this will impact our application. i entered the US with a B1 visa, then i applied for a change of status to F1 on Nov 4, 2005, before my B1 expired on Nov 14, 2005, in which the USCIS denied on January 16, 2006, then filed for a motion to reconsider on January 18, 2006. Until now, the INS hasn't contacted me on anything about that motion. Although it said to call the INS 800 number if 6 months has lapsed and there was no reply from them. I met my husband 5 years ago in my country and we started dating on and off through that course of 5 years because of the long distance, it was very hard for us. we started talking to each other in December again when he learned that I was here in the US and we got married in April. I really don't know if we should file for the petition package now and I am afraid that they will send me back. I don't think I can live without my husband.

Please help.

[cheerus]

Relax betluck8, from what I've seen discussed in this forum, being out of status (not sure if your situation is really that) is forgiven when applying for AOS through a USC spouse. So you might just be in luck!

Good luck and go ahead with your AOS filing!

My Timeline
-----------------
12/10/2003: Married
12/10/2005: Mailed I-130,I-485,I-765 on 12/10/2005 (after two years of marriage )
12/13/2005: RD
12/15/2005: ND and checks cashed
12/15/2005: Notice of missing bio fee of $70
12/16/2005: Mailed $70 biometrics fee
12/26/2005: ND for bio fee and check cashed
01/20/2006: Walk-in FP done at ASC
02/01/2006: Received EAD in mail
04/21/2006: Interview letter received in mail, interview date: June 21st 9AM
06/21/2006: Attended interview. Approved and passport stamped!
06/21/2006: LUD. Online message changed to: "On June 21, 2006, a welcome notice was mailed for this case. If 30 days have passed and you have not received this notice. Please call the National Customer Service Center at (800) 375-5283 during business hours."
07/03/2006: LUD
07/05/2006: Card received in mail
DO: Chicago

[Glorya]

U should apply for Adjustment of Status (marriage based) regardless of your B1 visa status and their denial of visa adjustment (to F1 if I'm not mistaken). It's been a short overstay but you will have to proove that your marriage is legit and not just for the purpose of evading the US immigration laws. www.uscis.gov and this forum contains all the information about forms needed to do so.

[Addie_Goodvibes]

Your overtay / out of status will be forgiven when you husband submits I-130

The only thing you need to be aware of is that you have only been married for a few months, USCIS may see your marriage as another attempt by you to extend your stay or evade immigration laws.

Your goal should be to first Communicate to your husband EVERYTHING
Let him know about your I-94 and visa situation, He has to know this in order to file I-130, If he is unaware of this when filing and later in your interview the USCIS sees that he was unaware of the situation they will see it as you marrying him for your own gain and under false pretenses,

You need to prove to the USCIS that your marriage is BONA FIDA Legit.

I would talk things over with your husband then work on establishing evidence of your relationship ( joint bank accounts, utility bills, anything with both your names on it sent to the same address) Also collect evidence of your relationship dating back 5 years to show that you and your husband have an establish long term relationship.

Start getting close to his family and friends take photos and collect all the support evidence you can.

The USCIS will forgive your status once the I-130 has been filed by your USC husband.

You MUST let him know everything about your situation!

Go to USCIS for info on proper forms www.uscis.gov
If you still have questions & are worried that you may be deported you need to talk with an attorney. The advice on here is from individuals personal experience.

See attached for the paperwork you will need to file.

[betluck8]

thank you addie, glorya and cheerus for the speedy reply. we can't afford a lawyer right now, however, i am hoping that people here can shed light on my case. Our marriage is very much legit and I am enjoying every moment of it. the motion to reconsider has been very confusing for me and not being able to afford a lawyer makes everything worse.

[Addie_Goodvibes]

to be honest I don't think you will need an attorney, You may just want to call around and see if they will give you an initial consultation or free advice about your situation.

Talk to your Husband he needs to be the first to know the details of your situation.

As long as you entered legally Your status/overstay will be forgiven!

[Glorya]

Don't worry about your visas anymore because you are adjusting status to permanent residency. This is a new light (so to speak) in your case. What happenes to your visas doesn't matter at this point because those visas were non-immigrant visas (without intent of staying in the country permanently) and you are applying for gaining a permanent resident status. Therefore, apply for adjustment (famous AOS) and don't worry. And, most importantly, do your best to do research on your own. Our research took several months but we sent proper forms, everything needed (so far no RFE's) and we learned bunch about the process itself. Your case isn't complicated and you can find everything out by yourself. Certain immigration lawyers don't give you complete information and these rules change so often that you need to follow up regularly to see what's going on. I wouldn't intrust my status to someone without doing my own research on a side. Plus, ppl on this site are extremely helpful and up to date. One more note, I find it awkward, and I am sure immigration officers would, that your husband is unaware of your status or lack of it? I don't get it?! That's a bit weird but we all have different ways in life . But I would keep that in mind for future reference.

[betluck8]

thanks a lot on you inputs on my situation. honestly, i was really hoping i could get a positive answer from my motion to reconsider already and that i didn't need to tell him about my situation. i was covering it up because i was also too proud to admit to myself that it didn't work out the way i wanted it to be. sometimes, things happen and you can't control them. do you think i can sleep soundly every night knowing i am not telling something?

again, i appreciate all the help. much thank yous.

[Addie_Goodvibes]

It is in your best interest to tell him, as it most likely will come up in the interview, Besides why would you need to cover up your status?

You stayed for him correct? There are a lot of people on this forum that have overstayed, nothing to be ashamed or embarrassed about. You are not a bad person for doing so,
In fact you should be proud of yourself for doing your best to go through the legal channels of the immigration process, where I live there are thousands of immigrants who enter illegally and do their best to evade the immigration laws, it only hurts those who are doing their best to legally immigrate when others enter illegally.( like yourself )

And things usually don't always go our way at first when it comes to Love and US immigration. In fact great things come from hard work and good things come to those who wait. it will only get better for you!

Evenif you did get a positive answer from your motion your history could still be brought up in the interview, Your Husband needs to know so he is prepared for any questions, you wouldn't want to go to the interview and have the agent ask questions that you and your husband answer differently. The better thing would be to tell him and that way you both are on the same page come time for interview. no surprises!

Think of how much better you will sleep after having lifted this big burden off your chest and opening up to your husband.

[betluck8]

you almost made me cry addie, thank you!