AOS through USC inspite of being out of status

[ray169223]

hi...i came here on F-1 in 1997 from india.. a couple of years after that i didnt register full time, which made me out of status..long story short...since then i have worked...and i married my wife who is a USC in october 2005. we've mailed all the paperwork, i got my fingerprints done and im waiting for my EAD. Will my case have a lot of complications ?..does this happen a lot..people overstaying their visas and then adjusting their status through marriage ? my lawyer made it sound normal..and will i have to pay a $1000 fine for overstaying...??
anybodys response would be greatly appreciated...
ray

 

[ari4u]

hi...i came here on F-1 in 1997 from india.. a couple of years after that i didnt register full time, which made me out of status..long story short...since then i have worked...and i married my wife who is a USC in october 2005. we've mailed all the paperwork, i got my fingerprints done and im waiting for my EAD. Will my case have a lot of complications ?..does this happen a lot..people overstaying their visas and then adjusting their status through marriage ? my lawyer made it sound normal..and will i have to pay a $1000 fine for overstaying...??
anybodys response would be greatly appreciated...
ray

the $1000 penalty does not apply to you since are you are the spouse of a USC and your overstay is forgiven. DO NOT travel using your AP or you wont be able to get into the US for 10 years. Be honest in your interview and explain your situation 'when asked'.

 

[ray169223]

could i travel after i recieve my conditional GC?

 

[ari4u]

could i travel after i recieve my conditional GC?

Yes. You cannot stay out of US long though. If you plan to stay out of US for less than a year, its okay, but if it is for more than a year and less than 2 years, you need a re-entry permit to get back into the US.