Married Nov 2003

[chilenita 0]

Hello

I have had a few things thrown at me regarding my status, I entered the USA legally from Australia as a tourist, 3 month waiver programe, I met my husband here I arrived here January of 2003, I stayed and married Nov 2003, I have had two children ages 18 mths and 6 mths both american Born...I have a 10 yr old daughter who is australian citizen like myself. I no longer want to be a stay at home mommy, I want to work before the yr ends, and my husband and I are definitely procrasinators, We have been informed now though that because we have been married and living together for more than 2 yrs , that my status is changed automatically, and I can work, is this true? how do I obtain a social security number or how do I change my status? and my daughters? Please help I need to be directed in the right direction.

thank you

[kc456 0]

We have been informed now though that because we have been married and living together for more than 2 yrs , that my status is changed automatically, and I can work, is this true?

I responded to your other post, but I'm curious who informed you that your status changes automatically?

[chilenita 0]

We have been informed now though that because we have been married and living together for more than 2 yrs , that my status is changed automatically, and I can work, is this true?

I responded to your other post, but I'm curious who informed you that your status changes automatically?

a marriage counsellor

[kc456 0]

I see. I suppose marriage counsellors are not experts in immigration.

The only rule that I know that relates to 2 years: if you've been married over 2 years by the time USCIS gives you a greencard, you'll receive a 10-year greencard. If you've been married less than 2 years at that point, you'll receive a 2-year "conditional" greencard and will need to apply to lift conditions.

[john_and_marlene 162]

Have you ever filed for adjustment of status? It sounds like you have not and are currently out of status. Nothing magical happens with regard to your legal status just because you got married. If you came here on the VWP and just happened to stay after you got married, you have been here "out of status" since the end of April 2003. The only thing that happens automatically is that your VWP visit expires. You may want to consult a good immigration attorney.

Edited February 19, 2006 by john_and_marlene

[Jasman0717 9]

I suggest you see an immigration attorney. There is some sort of two year rule thingy but it would seem to be that if you didn't do anything about adjusting your status when you were married you are out of status on your tourist visa. Good luck, I hope it all works out ok for you.

[canadalaura 0]

And in the mean time stay put and do not leave the US!!!

[pax 0]

Yes...whatever you do, don't leave the States. Your overstay of more than one year would subject you to a 10-year ban on re-entry.

[warlord 73]

Yes as the above posters said you are out of status. You needed to apply for AOS as soon as you got married and gone through that whole ideal. You are subject for removal if you get caught. Now since you have been married INS is more leinent with you then if you hadn't been. You need to get all the forms, fees and everything together and sent off. You should then recieved an EAD eventually and that will allow you to work.

The only status that changed automatically is that since being married you now qualify to apply for the AOS proceedure. You had better get started on this, and I would suggest being 2 years later you really should get a lawyer for this as well. You eventually will have an interview before ever getting your temp (or not temp GC) and this will definatly be raised by INS when reviewing all your documents...