Out of Status Wife filing to change status

[logoseternal 0]

Hello,

My wife and I are starting the process of getting her green card. I am a US citizen.

My wife has been sustaining her student status for couple years, and it's about to expire end of this month. So, if she does not extend, she will be out of status.

I am very confused about whether or not there will be penalty if she files out of status.

One lawyer is telling me if file out of status, the files will be accepted, but there will be $1000 penalty later on.

Another, not a lawyer, but one who seems to be experienced, is telling me there won't be penalty and files will be accepted.

Can anyone tell me which is true?

Our marriage is not fake.

And we can prove it with documents and pictures.

PLEASE HELP!!!!!!

[Inky 1,111]

Hello,

My wife and I are starting the process of getting her green card. I am a US citizen.

My wife has been sustaining her student status for couple years, and it's about to expire end of this month. So, if she does not extend, she will be out of status.

I am very confused about whether or not there will be penalty if she files out of status.

One lawyer is telling me if file out of status, the files will be accepted, but there will be $1000 penalty later on.

Another, not a lawyer, but one who seems to be experienced, is telling me there won't be penalty and files will be accepted.

Can anyone tell me which is true?

Our marriage is not fake.

And we can prove it with documents and pictures.

PLEASE HELP!!!!!!

Kinda funny, no there is no $1000 penalty. Do not use that lawyer lol.

File as soon as you can because she will get a " period of authorized stay" while her application is processing.

[Darnell 8,479]

Ya, is not a penalty fee when adjusting from a student visa.

[hmh33 117]

One lawyer is telling me if file out of status, the files will be accepted, but there will be $1000 penalty later on.

Get a new lawyer (or do it yourself without a lawyer). This is referring to the "I-485 Supplement A" which is completely inapplicable to your case.

There's no penalty for filing after her student status has expired. But it is still a good idea to apply before it expires, if possible - or if not, then as soon afterwards as you can. Theoretically during the time after her status has expired and before you file for adjustment of status, she could come under removal (deportation) proceedings. In practice, ICE usually has much higher priorities. But still, try to get the application in as soon as possible.

[logoseternal 0]

Thank you so much for your info.

But what is ICE?

Thanks again..

Thank you so much for your info.

But what is ICE?

Thanks again..

[logoseternal 0]

And how much is the total filing fee for the entire process of getting her green card?

1 more question, if i may..

Is is good to have a mailing address going for the file?

I don't really trust the security of the mail of my place & there might be a chance we might be moving soon.

Thanks again..

[hmh33 117]

ICE = Immigration and Customs Enforcement

Total filing fees are $1490, plus the cost of the immigration medical exam which varies between approx $150 and $350 depending on which civil surgeon you go to and how many vaccines you need

Use your current address. If you move, advise USCIS of your new address.

[Newbie608 103]

No penalty fee. I was out of status for 3yrs. My AOS process was a breeze.

[Ontarkie 14,512]

~~~~Thread split and merged, please do not post your question multiple times and in other members threads as your questions and answers can get lost.~~~~~

[Darnell 8,479]

re: mailing address - SURE ! Get a PO Box soonish, cause you need it !