What to do in my situation?( No GC yet, but passport already expired)

KnDY

New Member
Hi! Im so glad I've found this website! I hope somebody can help me with my interesting situation. I came here on J-1 in 2006, the very same year( I didnt have 2 year residency rule) I got married to an american citizen. Due to our money situation we still have not applied for a GC. We've been married for 5 years and now have a child. We were hoping to do my paperwork for a GC in the beginning of 2010, after we got our taxes, but had an urgent situation, so the money went to fix that. Well now the only " good " ID that i have is my passport, that I used to come here, and it expired in february 2010. Our only hope that when we go file taxes this year we can do my GC, but how we do it if my passport expired, and I probably wont be able to file taxes with my husband? Please help, I appreciate any advice. thank you
 
What is your status now? You can file taxes with your husband without a valid passport and even without a valid immigration status. However, I would advise to renew the passport at your country consulate (which might be problematic with expired passport) before filing I-485.
 
Thank you for replying. My visa J-1 expired in 2006. Before it expired i got married. So currently i dont even know what my status is. We wanted to consult a lawyer, but dont have $$ for it. Mu husband is unemployed for 3 months out of the year. And during the time he works we barely making enough for 3 of us.We are not living, we are surviving....Its hard, because i cant work yet. Forgot to add , it was my mistake, my passport expired in february of this year, not 2010.
 
Well, you really had to take care of your status as soon as you married or at least soon after your J-1 expired. I really don't know what to suggest in your situation... maybe borrow money to renew the passport and to file I-485? You are out of status for 5 years, they can deport you any time.
 
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