OUT OF STATUS.. and now what?

[clarebear 0]

Hello!

I just need a quick answer and I'd appreciate it if someone could help me out here.

I'm Brazilian, recently married to an American Citizen and living in the US. I was admitted in the country in June 2008 with a tourist visa. My visa would expire in December but I applied for an extension. I got a letter in May saying it was denied but I was already engaged and had the wedding date set and all so I decided to stay and adjust my status afterwards. Therefore I've been in the US since then and I'm currently out of status. I came to filling out the forms I485 and I130 and when they ask what my current status is, should I say tourist or out of status (a nicer way to say illegal)??

Please? Anyone?

Thanks!

Clare Wight

[D&R 0]

Hello!

I just need a quick answer and I'd appreciate it if someone could help me out here.

I'm Brazilian, recently married to an American Citizen and living in the US. I was admitted in the country in June 2008 with a tourist visa. My visa would expire in December but I applied for an extension. I got a letter in May saying it was denied but I was already engaged and had the wedding date set and all so I decided to stay and adjust my status afterwards. Therefore I've been in the US since then and I'm currently out of status. I came to filling out the forms I485 and I130 and when they ask what my current status is, should I say tourist or out of status (a nicer way to say illegal)??

Please? Anyone?

Thanks!

Clare Wight

I'd say the answer is in the question, you said "...and I'm currently out of status". I'd be totally honest, I think that's better in the long run.

[canadian_wife 1,829]

Agree be honest, I'd say something like 'tourist - out of status' indicating you were admitted into the country as a tourist but are current without status.

Good luck

[Cuchita 1]

Yes you are not illegal, that term is used when people cross the border without a visa at all.

Just gather a lot of information to prove marriage is bonafide.

Good luck!

[Krikit 1,165]

I am moving this thread from the K-3 forum to the AOS From Other Visa forum. I will mention, however, that I am concerned that the denial occurred prior to your wedding. It's probably a good idea to consult with a knowledgeable attorney. Good luck.

[Septembergold 0]

You are not here illegally. You are just out of status. But as long as you`re married to a USC, you have nothing to worry about. We had to wait for 6 months after wedding (my J-1 expired soon after the wedding) before applying for AOS. As my status I put J-1 and in brackets Expired ..//..//..// So I was honest. It went just fine.

[sasaqlain 24]

Write Tourist, Out of Status. You may not be illegal, but you are at risk if caught at this point, since you have not filed for AOS as yet. When you file, your current status will be put on hold till your case is decided. If approved, your over-stay will be forgiven. But the burden of proof lies on you, regarding your intentions to marry and AOS.

Good Luck.

[clarebear 0]

THANKS everyone for the inputs!

I guess I'm just gonna listen to my gut feeling and write, like you said, "VISITOR (EXPIRED)"..

You guys are aweosme! I <3 visajourney!

Clare