expired working visa 4 years ago.need help

[marie_31 0]

i just got married august of this year and i have an expired working visa 4 years ago. i am in the process of filing my petition for an alien relative and at the same time my adjustment of status...one of the requirements for the I-485 is a copy of a nonimmigrant visa within the last year and i haven't had this anymore.so, should i send them a copy of my expired nonimmigrant visa 4 years ago?or not? can you guys help me with this....thanks

[meowmeowmeow 1]

so you are illegal right now?

[marie_31 0]

so you are illegal right now?

yes

[meowmeowmeow 1]

so you are illegal right now?

yes

how can you adjust your status.... and also file a petition for a relative then?

[Chris Me lil D 17]

so you are illegal right now?

yes

how can you adjust your status.... and also file a petition for a relative then?

I got confused too

[BigBubble 1]

I think you should have got married while your visa was still active. Then it doesn´t matter if you filed after I94 expires...

[canadian_wife 1,829]

FYI - she is not illegal. She is out of status. She entered the US legally and has overstayed. She is elligible to adjust status if married to a USC and the overstay will generally be forgiven.

To the OP - I'd send in your expired visa to indicate that you are not illegal and that your entry was properly documented. The USC must petition for you - I hope this is the case for you.

Good luck.

[meowmeowmeow 1]

FYI - she is not illegal. She is out of status. She entered the US legally and has overstayed. She is elligible to adjust status if married to a USC and the overstay will generally be forgiven.

To the OP - I'd send in your expired visa to indicate that you are not illegal and that your entry was properly documented. The USC must petition for you - I hope this is the case for you.

Good luck.

just for me to know...but when does a person become illegal and not "out of status"? is there a time frame? she stated it's been 4 years since she entered....so i would assume that means that she's illegally here at this point.

[canadian_wife 1,829]

Illegal = entered without inspection. No documentation and no permermission to enter the country. Inelligible to adjust status.

Out of status = entered legally (tourist, work visa, etc) and has since overstayed the given time alloted. Able to adjust status through immediate relative.

Someone will correct me if I am wrong. But I think the OP is able to adjust status through marriage to a USC and legally entering the country.

[usaborn1111 0]

i just got married august of this year and i have an expired working visa 4 years ago. i am in the process of filing my petition for an alien relative and at the same time my adjustment of status...one of the requirements for the I-485 is a copy of a nonimmigrant visa within the last year and i haven't had this anymore.so, should i send them a copy of my expired nonimmigrant visa 4 years ago?or not? can you guys help me with this....thanks

Get a good lawyer or you might just get a one way visa home

[dutchmatt 1]

Illegal = entered without inspection. No documentation and no permermission to enter the country. Inelligible to adjust status.

Out of status = entered legally (tourist, work visa, etc) and has since overstayed the given time alloted. Able to adjust status through immediate relative.

Someone will correct me if I am wrong. But I think the OP is able to adjust status through marriage to a USC and legally entering the country.

Might be true, but isn't an overstay a big issue? I mean if your visa has expired you have no right to be in the US. Wouldn't an overstay result in some issues while in the AOS process? The person was allowed to cross the border on certain conditions (with their visa). Now their visa has been expired, thus making them illegal in my opinion.

Edited September 12, 2009 by dutchmatt

[sjr09 155]

i just got married august of this year and i have an expired working visa 4 years ago. i am in the process of filing my petition for an alien relative and at the same time my adjustment of status...one of the requirements for the I-485 is a copy of a nonimmigrant visa within the last year and i haven't had this anymore.so, should i send them a copy of my expired nonimmigrant visa 4 years ago?or not? can you guys help me with this....thanks

Your illegal, so what kind of help are you looking for?

[sjr09 155]

Illegal = entered without inspection. No documentation and no permermission to enter the country. Inelligible to adjust status.

Out of status = entered legally (tourist, work visa, etc) and has since overstayed the given time alloted. Able to adjust status through immediate relative.

Someone will correct me if I am wrong. But I think the OP is able to adjust status through marriage to a USC and legally entering the country.

Might be true, but isn't an overstay a big issue? I mean if your visa has expired you have no right to be in the US. Wouldn't an overstay result in some issues while in the AOS process? The person was allowed to cross the border on certain conditions (with their visa). Now their visa has been expired, thus making them illegal in my opinion.

[trailmix 77]

i just got married august of this year and i have an expired working visa 4 years ago. i am in the process of filing my petition for an alien relative and at the same time my adjustment of status...one of the requirements for the I-485 is a copy of a nonimmigrant visa within the last year and i haven't had this anymore.so, should i send them a copy of my expired nonimmigrant visa 4 years ago?or not? can you guys help me with this....thanks

Your illegal, so what kind of help are you looking for?

Really, this kind of snipping should be reserved for OT, not in the immigration discussion forums.

If you read his/her post you would see that they asked if they should send in their expired non-immigrant visa, or not, with their petition.

Edited September 12, 2009 by trailmix

[Old Dominion 26]

The OP, who does not yet have a green card, is hoping to petition for her alien relative, right? Until she gets her green card, she has no standing to do so. Her USC husband may be able to petition. But maybe the alien is her husband? Then there's no chance for now.