out of status - a2 visa

[musze007 0]

forgive me if im in wrong part of this forum.

i am married to u.s. citizen.

i have a-2 visa, but i am now out of status for over 5 years.

i entered into us legally as a child (dependant of a2 visa holder) and i have never left the country. i have no criminal record.

i have a social security number, etc and i live with my wife now.

i am told that even though i am married i (my wife and i) cannot file i-130, i-485, i-765, i-864, i-325a. i am being told that i have to leave teh country and go back to country of origin and file i-130 and then wait and file k3.

the problem is that i am under the impression that if i leave the country now i will be barred from returning (10 year ban)

at this point can i file the forms mentioned above and get a green card that way?

Edited April 27, 2010 by bluesmap

[Inky 1,110]

What country?

Who told you to leave and file a K3? A lawyer? a friend?

K3 is not going to work as they are obsolite, you would file for a CR-1/IR-1.

If you leave yes you will likely get a ban for having such a long overstay. Im not familiar with A2 visa and am not sure if you would have to leave to file or not. What are the rules of the A2?

[Inky 1,110]

IN the instructions for the application to register permanent resident status it says

You have A, E or G status or have an occupation that would allow you to have this status, unless you compelte form I-508 (I-508F for french nationals) to waive diplomatic rights, privileges and immunitys and if you are an A, or G nonimmigrant, unless you submit a completed form I-566.

so basically according to the instructions to the I-485 it says that aliens on A,G, or NATO visas can't adjust UNLESS they file a I-566 and I-508.

It seems as tho you can file your WHOLE package from WITHIN the USA as long as you include forms I-508 and I-566. Someone may correct me if im wrong but that is what I understand from the instructions.

[musze007 0]

What country?

Who told you to leave and file a K3? A lawyer? a friend?

K3 is not going to work as they are obsolite, you would file for a CR-1/IR-1.

If you leave yes you will likely get a ban for having such a long overstay. Im not familiar with A2 visa and am not sure if you would have to leave to file or not. What are the rules of the A2?

i called uscis.

with all due respect i dont think uscis was telling me the correct information. it seemed to me like they were reading a script. but i have called about 4 different attorneys and the general advice is DO NOT LEAVE the country. so i dont know who is right and who is wrong.

i called uscis again and they said my wife would need to file i-130 and then i would need to go to my country of origin (kenya) and complete the process of getting teh i-130 approved. at that point i need to apply for a visa to come back to the u.s.

it just doesnt make any sense to me.

i dont know teh rules of the a-2, sorry i dont know where to look or who to ask and ive been googling.

but department of state has told me my a-2 is out of status

[Inky 1,110]

USCIS is generally the wrong place to call, they give bad information a lot!

From what I found it looks like you can file inside the US but you have to give up all your diplomatic immunitys etc by adding 2 extra forms to all your other forms and file them all together at the same time in the same package.

[Brother Hesekiel 2,236]

Are you sure you have an A2 and not a B2 visa?

[musze007 0]

for the record i have an A-2 visa, not a b-2 visa.

i cannot file the i-566 because i am out of status. i spoke to department of state and they told me i cant file i-566 because i am out of status.

so close, yet so far.....i dont know what forms to file right now.

i dont know if i should just file i-566, i508, and the rest of the forms (i130, i485, etc)

[musze007 0]

i am out of status (a-2 visa)

do i still file i508 or is there another course of action i need to take?

[musze007 0]

i508?

[musze007 0]

USCIS is generally the wrong place to call, they give bad information a lot!

From what I found it looks like you can file inside the US but you have to give up all your diplomatic immunitys etc by adding 2 extra forms to all your other forms and file them all together at the same time in the same package.

in case anyone is wondering, this was the correct information.

I did not have to leave the country, i just filed and waited. it was a long wait, longer than normal.

They did not ask questions as to why i was out of status and they did not ask any abnormal questions during my interview. My application was processed, had my interview and everything went fine. This is just MY experience. i wanted to update.

[JourneyFromA2 85]

in case anyone is wondering, this was the correct information.

I did not have to leave the country, i just filed and waited. it was a long wait, longer than normal.

They did not ask questions as to why i was out of status and they did not ask any abnormal questions during my interview. My application was processed, had my interview and everything went fine. This is just MY experience. i wanted to update.

I hope you're still checking here, but I'm in the same boat and I do not have PID and my A2 visa was given to me as a dependent from my mother.

Do you remember whether or not you had a PID number and whether or not you had to fill in the mission's name and address?