How will time of being out-of-status affect the process

[cbunny 1]

Hi. I've been in the US for over 11 years, always with students visas or G-4, and lastly a TN-1 visa which was ending last April 5th(2012). My husband (USC) and I got married on March (2012,too) after knowing each other for little over a year. It's been six months since then and for a couple reasons we haven't filed yet. How will this time of being of of status hurt our application? Are they gonna give me a hard time when we finally apply?

[hmh33 117]

You will be fine. The overstay is explicitly forgiven for people adjusting status based on marriage to a US citizen. You haven't yet reached the 6-months-of-overstay mark where leaving the country will get you a ban, but it would still be prudent to remain in the US until you have your green card in hand.

[cbunny 1]

You will be fine. The overstay is explicitly forgiven for people adjusting status based on marriage to a US citizen. You haven't yet reached the 6-months-of-overstay mark where leaving the country will get you a ban, but it would still be prudent to remain in the US until you have your green card in hand.

im not clear what you mean with "You haven't yet reached the 6-months-of-overstay mark where leaving the country will get you a ban"...?

[amykathleen2005 441]

You have a period of overstay forgiveness which means you will not get a ban even with an overstay of your visa. Any time past that and you can get a ban which takes places when you leave the US. So file your paperwork, and don't leave the US until you have the greencard in hand.

[cbunny 1]

I understand... but I dont think I ever said I wanted or was planning to leave the US.

[Newbie608 103]

Out of status will not affect your AOS application,but you need to start the process ASAP before you get picked up by ICE because being in removal proceesings is a headache and some.

Edited September 27, 2012 by Newbie608

[cbunny 1]

Out of status will not affect your AOS application,but you need to start the process ASAP before you get picked up by ICE because being in removal proceesings is a headache and some.

We haven't started the process because my husband (the USC) doesn't have a job... so the affidavit is the problem... and we really don;t want to get a co-sponsor... what if I apply with a bad affidavit? I'm assuming they ask for more information, but then what... do you just move to a stand-by pile (while we get the necessary stuff for a good affidavit)?

[JohnR! 5,495]

We haven't started the process because my husband (the USC) doesn't have a job... so the affidavit is the problem... and we really don;t want to get a co-sponsor... what if I apply with a bad affidavit? I'm assuming they ask for more information, but then what... do you just move to a stand-by pile (while we get the necessary stuff for a good affidavit)?

You'll receive an RFE and if you don't comply your case will be considered abandoned. Your best option is to consider getting a co-sponsor for the sooner you can get your paperwork in order, the better for both of you.