out of status - worried and confused

[Obian]

I have been out of status for several years now...was previously on an H1B visa before I got laid off. Now I am married to a citizen...
Here are some questions that we have:

1) Are there any extra steps or forms that one needs to take (since my situation is kind of different) in filing for permanent residency?
2) On the app. for EAD what should my current immigration status be?
3) My I-94 does not have a departure date?? Is that weird?
4) I happened to work with another company after I got laid off without any work auth. Do you think it will be a good idea to list that under jobs that I had in the last 5years?
5) Are we to attach our marriage cert to any of these forms?

 

[LucyMO]

1) Are there any extra steps or forms that one needs to take (since my situation is kind of different) in filing for permanent residency?

no extra steps. Since you are married to USC, you are like everybody else. As long as you don't leave the States until you get your GC, your illegal stay will be forgiven.

2) On the app. for EAD what should my current immigration status be?

Out of status.

3) My I-94 does not have a departure date?? Is that weird?

it is. What does it say in "Admitted till" portion?

4) I happened to work with another company after I got laid off without any work auth. Do you think it will be a good idea to list that under jobs that I had in the last 5years?

You have to. Your illegal stay and work will be forgiven, see p. 1

5) Are we to attach our marriage cert to any of these forms?

yes, you have to attach a copy to all forms that require it as a supporting document. Do read the filing instructions to each form carefully and enclose everything they ask for.

 

[polich]

I have been out of status for several years now...was previously on an H1B visa before I got laid off. Now I am married to a citizen...
Here are some questions that we have:

1) Are there any extra steps or forms that one needs to take (since my situation is kind of different) in filing for permanent residency?
2) On the app. for EAD what should my current immigration status be?
3) My I-94 does not have a departure date?? Is that weird?
4) I happened to work with another company after I got laid off without any work auth. Do you think it will be a good idea to list that under jobs that I had in the last 5years?
5) Are we to attach our marriage cert to any of these forms?

1. steps are the same
2. out of status
3) It is not weird. Some type of visa's dont have a paticular dates on their I94. How did you enter to USA, on what visa?
My I94 said D/S which is duration of status and I don't have any date. So I just put D/S
4. Can't tell what to do. Most people on this forum said to list it on forms.
5. Yes. With what form please read instructions

 

[pianoplayer]

1. steps are the same
2. out of status
3) It is not weird. Some type of visa's dont have a paticular dates on their I94. How did you enter to USA, on what visa?
My I94 said D/S which is duration of status and I don't have any date. So I just put D/S
4. Can't tell what to do. Most people on this forum said to list it on forms.
5. Yes. With what form please read instructions

Hi:

Just an observation ---- D/S is the norm for student visas, NOT H1B --- hence Lucy's surprise.

 

[Al Southner]

Different view..

Hi:

Just an observation ---- D/S is the norm for student visas, NOT H1B --- hence Lucy's surprise.

Piano,

I am not sure if I agree with your view that D/S is for the student visa. I have friends who have G4 visas, which have a D/S because of the nature of visa. Moreover, for student visas, it usually has an expiration date.

Unless you found an officer who just wanted to put a D/S on your I-94. You could be right...but doubt...

 

[Obian]

My I-94 has D/S F1 written on it with no dates...not sure why
But anyhu...thanks sooo much y'all!!

 

[jrseyshawn]

i was pretty much under all the points you had listed and i just got my GC about a month ago... all i can suggest is get a good lawyer(worth the money spent) who will guide you thru all the forms and the process.

 

[LucyMO]

My I-94 has D/S F1 written on it with no dates...not sure why
But anyhu...thanks sooo much y'all!!

that's because you initially entered with F-1 visa - and that's why you have D/S (duration of status) on your I-94. Keep it forever (make copies, because the officer will take the original away at your interview), because you will need it to show that you have entered legally with an inspection and a visa.

However, when you changed your status to H1B, you should have received a new I-94. Did you?

Piano,

I am not sure if I agree with your view that D/S is for the student visa. Moreover, for student visas, it usually has an expiration date.

You should agree with Piano, because students in F-1 and J-1 status get D/S in their I-94.

 

[LucyMO]

i was pretty much under all the points you had listed and i just got my GC about a month ago... all i can suggest is get a good lawyer(worth the money spent) who will guide you thru all the forms and the process.

the forms and the process are not all that complex, especially if a person speaks English - which apparently the original poster does. Spending money on a lawyer to just fill in the papers -- well, it's up to the immigrant. Personally, I don't think that filling your name, age, address, work and education info, and info on your spouse is all that difficult.

 

[pianoplayer]

Piano,

I am not sure if I agree with your view that D/S is for the student visa. I have friends who have G4 visas, which have a D/S because of the nature of visa. Moreover, for student visas, it usually has an expiration date.

Unless you found an officer who just wanted to put a D/S on your I-94. You could be right...but doubt...

Hi:

You are correct in stating that the student VISA usually has an expiration date. Our discussion was about the I94, which for students usually read D/S, i.e. admitted for the duration of status.