I am on B1 Visa and my husband has a Green Card since Dec 2006,what to do to obtain legal status?

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divine1rose

New Member
I am on B1 Visa and my husband has a Green Card since Dec 2006. We got married in last july when I came here in the local court and went back home and entered again on B1 Visa in Jan 21, 2010. Now, my dilemma is my visa is expiring soon (I got it for 6 months only,expiring in july 2010) and I couldn't go back to my country because of the current instability. My husband is opting for filing I-130 petition.This way,my status will in pending but once he gets his citizenship,will I be eligible for adjustment of status or will there be a problem that I lived in the USA out of status ? What do you think is the best option for now to live in the USA.Shall I apply for extention of stay. I have no condition to turn into F1 Visa also because of financial hardships...Really eating my nerve out.Please advice,what can be done?
 
Your status will not be "pending" even if he submits an I-130 for you. Only after he becomes a citizen, will you be able to file for AOS.
When you last entered the US, you were already married to your husband. What exactly were you asked at the POE and how did you answer those questions?

divine1rose said:
I am on B1 Visa and my husband has a Green Card since Dec 2006. We got married in last july when I came here in the local court and went back home and entered again on B1 Visa in Jan 21, 2010. Now, my dilemma is my visa is expiring soon (I got it for 6 months only,expiring in july 2010) and I couldn't go back to my country because of the current instability. My husband is opting for filing I-130 petition.This way,my status will in pending but once he gets his citizenship,will I be eligible for adjustment of status or will there be a problem that I lived in the USA out of status ? What do you think is the best option for now to live in the USA.Shall I apply for extention of stay. I have no condition to turn into F1 Visa also because of financial hardships...Really eating my nerve out.Please advice,what can be done?
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at the POE,I was asked,what I am going to do and where I was staying,I simply answered, I was visiting my uncle.Just wondering,if filing I-130 is the best option or is there any other option for me??? Looks really challenging to stay in this country?
 
me and my husband came together and as you know,he entered thru Green Card/Citizen's entrance,where as I entered thru visitor's. I had no clue what to do there for not knowing about it. Will it hamper in my future processing at all or will be there any other option that I could put forward?
 
People are unwilling to assist someone who has lied on their entry into the US.

Get a lawyer. Once your material misrepresentation is detected, you have a ton of problems. Lying to US immigration officials is never a good idea. You essentially entered illegally by failing to report your true intentions.
 
Now I am very confused. You flew in with your husband, with the intention of being with him for the duration of the trip, joined different lines at the POE and then declared the reason for seeking entry was to visit your uncle?

If the above is true, you have committed material misrepresentation.

I would very strongly advise you not to undergo AOS. Depart the US before your I-94 expires and wait for your immigrant visa in your home country.

divine1rose said:
me and my husband came together and as you know,he entered thru Green Card/Citizen's entrance,where as I entered thru visitor's. I had no clue what to do there for not knowing about it.
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