marriage by green card

[fnuling 0]

Hi can someone help me.I enter USA legally. I'm married with my husband when his status still green card then he apply for citizenship after a months we married. Now he waiting for oath ceremony. Can I apply for green card after he get the naturalization certificate? Or should I wait few months? I want apply by my self but I'm still think about hire a lawyer because my illegal status. So which way is best?thanks

[Bobby+Umit 161]

You can apply when he becomes a citizen - it will not matter if you do it asap or wait a few months.

USCIS will see when you entered the US, and the timeline of events - so no use trying to "game" the system.

You could be better off with a lawyer - but if it's an USC applying for you - things are a bit different. especially since you entered the US legally.

As long as you do not have any more significant adverse factors, you shouldn't have any issues.

[fnuling 0]

But my visa is already expired. And I over stayed. Should I considered a lawyer? But I really want to apply by my self because my budget.

[Penguin_ie 5,997]

***** Moving from AOS from Family to AOS from Work, Tourist.... *****

What visa did you come in on? Did you plan on staying when you came, or what happened?

[desmond&molly 5]

Even if you have expired I-94 you can still adjust status because you initially came in legally, you're husband is Us citizen and you didn't enter the US with intention to immigrate.

I was in similar position and decided to use a legal representative from a local community org. Just for peace of mind. However we didn't really need it. It helped in some respects to guide you in what to expect but not much more than this website.

I would suggest you go through the guide on this website and fill out the forms. If you find you are much too confused or overwhelmed that may be a sign that you do need external help. At the end of the day you should decide what is right for you and your spouse but don't let the expired I-94 stop you. There's many of us on here with expired visas that have been approved . Good luck!!

[jojolicious 38]

Some visas have certain conditions/ restrictions which is why Penguin asked you what kind of visa you entered the US on.

Without more details about your specific situation it is hard to tell you whether or not you should retain the services of an immigration attorney. Some people hire an attorney for varying reasons ranging from major complications in their case to simply having peace of mind throughout the process.

You say you would prefer not to use a lawyer based on your financial situation. So assuming that you did not enter on a visa which prevents you from adjusting, you have a bona fide marriage and your husband is a USC at the time of filing I think that you would be fine applying on your own.

Just make sure you read the USCIS form instructions as well as the appropriate VJ forums and guides thoroughly and you should be fine. Good luck!

[fnuling 0]

I came here with tourist visa B2.thanks everyone for your comments.

[Bobby+Umit 161]

I came here with tourist visa B2.thanks everyone for your comments.

If that is your only adverse factor (overstay) - you should have no issues AOS with a marriage to an USC.