aos question

[sebrism 0]

I am a US citizen and My husband came to the USA on July 15th 2005 with a work visa which was only good for 4 months.In august he was fired from his job.September 22 2005 we got married.Now 5 months later we are preparing to do the aos and i'm worried since he was fired and has been out of status that we are going to have problems aos.He has a ssn,we have a bank account together,we have a lease in both our names for where we live.Can anyone tell us if were going to have any problems?Is he in any threat of being deported since he is out of status and since we haven't done the aos yet?

[Jasman0717 9]

I have read that the government does give some room for a spouse of a U.S. citizen. I have no idea what to recommend other than talk to an immigration attorney. Good luck

[kim&james 0]

I would say that you might have a little problem being out of status.... hopefully you are not past 6 months, thenit can get a bit tricky....

My best advice to you is to get your paperwork filed as soon as you can...

Your husband wont be able to look for work until he has a new current EAD so that might cause a few problems for you.

If you are worried that the Dept of Homeland Security is going to show up to deport your husband.... would like to say .. most likely not... just dont let your husband leave the country cause he wont get back in....

Best wishes

[skoopie 0]

I am a US citizen and My husband came to the USA on July 15th 2005 with a work visa which was only good for 4 months.In august he was fired from his job.September 22 2005 we got married.Now 5 months later we are preparing to do the aos and i'm worried since he was fired and has been out of status that we are going to have problems aos.He has a ssn,we have a bank account together,we have a lease in both our names for where we live.Can anyone tell us if were going to have any problems?Is he in any threat of being deported since he is out of status and since we haven't done the aos yet?

It wont be any problem at all. As long as he entered the country legally and has an I-94 (expired or unexpired), he will be fine. the only thing he needs to keep in mind is if he leaves US soil prior to receiving his marriage-based green card, he will be barred from re-entry for a certain number of years (1 yr?). Therefore, don't bother applying for the advance parole because it wont help you (not to mention you'll waste your money since he'll still be barred if he leaves the US with an advance parole document).

Also, the faster you get the applications in to USCIS, the safer he is. E.g. if he gets arrested before the appliications are sent, he is techincally out of status, which means they can deport him. If he sends the application in then gets arrested, they cant deport him because his immigration status is "pending".

[sebrism 0]

we have the money for the paperwork,its just that I am not making enough money for affividated and were having a hard time getting a co-sponsor and also its been hard to find a second job!!!I worry everytime we go out,that if i get stopped for even a driving ticket,there going to ask for my husbands I.D and they will take him away because the police where i live seem very noisey !!! If we first send the I-130 than the aos later will that still get us alteast pending or should we send all the papers together?

[hcj 0]

Filing I-130 alone will not give your husband any legal right to be in the US. Filing I-485 does. So you must file both I-130 and I-485 together for him to be here legally. (You cannot file I-485 by itself.) Until USCIS accepts his I-485 filing, he can indeed be deported since he is not in legal status.

Overstays are generally not an issue when one is the spouse of a USC. However, it's possible that they will question his intent -- whether he had immigrant intent or not -- when he last entered the US.

[eau_xplain 2]

File the entire AOS packet as soon as possible (including the I-130). Your husband will continue to be out of status (and therefore deportable) until his AOS application is accepted/received by USCIS.

Your husband's work visa expired the day he was fired (in August). By the time his AOS application reaches USCIS, he would have been out of status for over 6 months. He should not apply for Advance Parole and not leave the country until he gets his green card.

I hope you will be able to find a co-sponsor for the I-864.

Good luck!

[sebrism 0]

I need to send copies of my U.S birth certificate with the aos,Do I send photocopies or certified copies?How long do i need to have a job to use it for affividated of support?