Marrying to a US resident.. but

C

ComesInPeace

New Member
But I'm out of status :(

My fiancee was born in the United States, as well as my brother, who turns 22 this year.

Will I be running into any complications? And how should I go about starting? My plan is to seek a lawyer soon after my ceremory, but I would like to get a heads up on what to expect from the experts here.

Thank you so much in advance.
 
I went out of status on my second last semester in school, but I took 1 more class anyways to complete my degree the next semester.
Thus, I was not entitled for reinstatement for my F1 visa.

I'm crossing my fingers that the marriage will grant me AOS despite of my out of status encounter. I have 2 more questions (I apologize for not posting them on my first post).

1. If I file my application in 10/2006, what is the timeframe that I will hear from DHS?

2. While on AOS, I know I would not be legal to work; is there a way for me to study in graduate school so that I can be doing something while I wait for the results?

Thank you so much in advance.
 
Spouses of US citizens are forgiven any out of status by USCIS. Right now as a fiance out of status, you can be deported, but when you get married and file AOS you will be fine. As for contacting a lawyer, I don't think you really need to do this in your case unless you feel there are other circumstances that might affect your AOS you're not mentioning. It is common for people to file AOS while out of status, I feel that the money spent on a lawyer might be wasted, the forms are not that complicated. However if you have any doubts about the process after asking questions on here and elsewhere a lawyer is always your best bet.

Currently USCIS is taking as little as 3-4 months to get a interview from recieving petitions, but it is sometimes longer than that.

Going to school while filing AOS is a bit of a grey area. It seems that most schools are fine with it, your best bet is to talk with your prospective school and ask them what they require.
 
As the spouse of a USC the overstay of your visa is excused.

You might want to file for EAD, a temporary working permit until you eventually receive your Greencard. File I-765 and read more about it here http://www.uscis.gov/graphics/formsfee/forms/i-765.htm

Timeframe depends on your individual case, read more about it all over this forum, my timeline might give you at least an idea.
 
rex1960 said:
As the spouse of a USC the overstay of your visa is excused.

You might want to file for EAD, a temporary working permit until you eventually receive your Greencard. File I-765 and read more about it here http://www.uscis.gov/graphics/formsfee/forms/i-765.htm

Timeframe depends on your individual case, read more about it all over this forum, my timeline might give you at least an idea.
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My problem was that I did apply for an EAD, but my school terminated my SEVIS due to my financial reasons, and when I had enough money to pay off my tuition, my advisors said it was too late and said my best shot is to leave the country.

So I don't think I'm eligible for another EAD application. Thank you for the suggestion though.
 
When you file AOS you can file an EAD based on that. I don't think your previous EAD will affect it.
 
ComesInPeace said:
My problem was that I did apply for an EAD, but my school terminated my SEVIS due to my financial reasons, and when I had enough money to pay off my tuition, my advisors said it was too late and said my best shot is to leave the country.

So I don't think I'm eligible for another EAD application. Thank you for the suggestion though.
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You are confusing some issues here. The EAD based on your I485(which you will be applying for) has NOTHING to do with the EAD related to your student status. The basis for the application is different - ignore the advice of the advisor.

Note: you may obviously only apply for the new I485 based EAD once you are married and have filed I485. Until then, you may be placed in removal proceedings. Is that likely based on a short overstay? Unlikely, but not impossible. So if you want to get married, do not tarry too much with that and your I485 application.
 
ComesInPeace said:
But I'm out of status :(

My fiancee was born in the United States, as well as my brother, who turns 22 this year.

Will I be running into any complications? And how should I go about starting? My plan is to seek a lawyer soon after my ceremory, but I would like to get a heads up on what to expect from the experts here.

Thank you so much in advance.
Click to expand...

Another comment -- I do not know how long you have been out of status, but be aware that it would be safest not to leave the US until you receive the GC. Even if you obtain AP, do not use it, as you could be subject to a ban. A ban is normally applied if overstay is 180 days or longer.
 
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