HELP...I MAY HAVE REALLY DONE IT THIS TIME!

[Kathryn41 3,205]

While it is included in the cost of filing the I-485, don't worry about filing for an I-131- Advance Parole travel document. Since she has been out of status for more than 180 days, even though they will give her an I-131,she cannot use it safely. If she were to leave the US without a green card, an automatic 3 year ban would kick in and she would not be allowed to re-enter the US for 3 years even with the Advance Parole document. So, once she has her green card she will be able to travel and return to the US - not before.

Do file the 765 Employment Authorization application. She can use the EAD card - which will be approved earlier than the AOS - to get her a driver's license or state ID, and open bank accounts. It is also a good form of identification to prove she is here legally while she waits for the AOS. (Once her AOS application is received by USCIS and she gets the NOA1 she will no longer be out of status but will still have the accumulated out of status days until she gets her green card). There is no fee for it when filed with the I-485 application to adjust status.

I'm glad you were able to work out your differences. The first months of a relationship, especially a marriage, can be very challenging. If you survive the first year, it usually starts getting better after that. Good luck to the two of you.

Edited September 9, 2012 by Kathryn41

[Andrea&Henry 311]

In theory she is not ilegal, cause she us married to an USC but you guys missed the most important rule: getting married WITHIN 90 days. She can't be deported cause she is already married to you, but let see how can this affect in her process to obtein her GC!

[tempa 1]

In theory she is not ilegal, cause she us married to an USC but you guys missed the most important rule: getting married WITHIN 90 days. She can't be deported cause she is already married to you, but let see how can this affect in her process to obtein her GC!

I'm sorry for jumping in, but what you mean she can't be deported?

[Harpa Timsah 13,258]

I'm sorry for jumping in, but what you mean she can't be deported?

It's not true - spouses of USCs can be deported, and being married to a USC by itself gives you no immigration benefit. The OP is all set and has applied for AOS though, so he is fine.

Edited September 9, 2012 by Harpa Timsah

[tempa 1]

It's not true - spouses of USCs can be deported, and being married to a USC by itself gives you no immigration benefit. The OP is all set and has applied for AOS though, so he is fine.

thank you.

thought I missed something crucial...