Worked, Overstay, out of status and getting ready to file

A

ahunyu

Registered Users (C)
I just to say thanks to all those who contribute to this site and help others find their way out in this immigration maze.

I can here on an F-1 visa over 10 years ago and have been in status (F-1 status) until 2 years ago. I am now married - 2 1/2 years ago - to USC and we have 2 kids. :)

I am in the process of getting my stuff ready and wanted to find out the following:
The fact that I am out of status, worked and overstayed my visa, can I still adjust status while still in the here?

What issues/problems should I expect from USCIS based on the overstay, working and being out of status?

Will it be an issue since we did not file the paperwork right away?

Can I file the paperwork on my own or do I need a lawyer based on the overstay, working and being out of status?

Thanks
 
ahunyu said:
The fact that I am out of status, worked and overstayed my visa, can I still adjust status while still in the here?
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Yes, but I would not leave the USA until your case is approved.

What issues/problems should I expect from USCIS based on the overstay, working and being out of status?
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None. They are legally forbidden from denying your case on this basis.

Will it be an issue since we did not file the paperwork right away?
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There is no obligation for you ever to petition for permanent residence based on your marriage. Since you waited, you will actually have the benefit of an unconditional green card, and there will probably be fewer questions about the validity of the marriage.

Can I file the paperwork on my own or do I need a lawyer based on the overstay, working and being out of status?
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You don't need an attorney based on that, only if you have questions or problems with the process.
 
Thank you for your prompt reply and for easing my fears. I wish you all the best as your go through the process :)
 
one more question

For the length of time I worked, I filed taxes (single) for all the time that I have worked. After I got married, I still filed taxes but seperate from my husband. is this going to cause problems and if so can I ammend the previous returns so that I am on his?
 
There is nothing to stop a married person from filing taxes seperately from their husband. Not sure why anyone would do this, because generally you get a better deductible if you file joint, but anyways.

Are you using your own income for the Affidavit of Support? If not I don't think it matters about your taxes.
 
Thanks for your reply. There is no good reason why we filed seperate, other than I had filed that way in the past. We plan on using his income for affidavit of support.....But of curiosity, is it possible I can use my income even if I am the beneficiary?
 
If you live with your husband then you qualify as a household member, and your income can be used in the Affidavit of Support. The rule used to be that you had to live with your husband for over 6 months, but I think the new Affidavit gets rid of that requirement.

As odd as it seems, its perfectly acceptable to "self-sponsor" if you do qualify as a household member. I did this for my AOS application because my wife is a student, and I have been working in the USA for 7+ years.
 
Thanks for the info. I was totally clueless on this one. I will look at the poverty level amounts and if I qualify, then I will self-petition. Thanks for the tip
 
Note that your husband still has to be the sponsor, so if his income meets the poverty level, you shouldn't bother including your income as well.
 
Just a little input. New regulations regarding I-864 clearly specify that income from unauthorized employment cannot be used to support I-864. If the USC' s spouse is sponsored immigrant/household memeber, requirement to live in the same residence for the previous six months was cancelled. Some good, some bad news, as always ;)
 
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