Expired F1 that got married... what next?

[looking4immhelp]

Hi, I am hoping someone can help me,


- Entered the US with F1 student visa in dated October 2004 through 2006
- Visa expired at the end of Sept 06
- Stayed in US & Married US citizen June 30th 07
- Sent application for I-130 (Petition for Alien Relative) with biographic information

My main question is this: I want to file my I-765 online but it says certain categories cannot e-file. I don't know if I fall under those categories now.

K3 non-immigrant spouse - cannot e-file
but
E1-E2 spouses and L spouses can e-file.

I don't know if I am a K3/E1 or am I just considered an expired F1?

Would it be wise to e-file the I-765? or would the confusion cause me to lose the 325$ fee and have to waste more time by paper filing it after finding out e-filing wasn't the way to go for me.

Any advice on what I should do next would be greatly appreciated!!!

Thank you!!

 

[nscagony]

You are currently out of status (illegal alien). You should contact an attorney. Your situation can be cured, but you definitively need legal assistance at this point. Also, you should not leave the US until you have received your GC (I-485 filed and approved). While you technically are not subject to the 10 year bar since F-1 is a D/S visa, the consulate abroad would still give you a very hard time before issuing you a visa to re-enter the US. Traveling with advanced parol would be very risky, too. You are eligible for EAD once your I-485 has been file (just file for that together with the I-485).