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Posted

My husband and I have been married for almost 2,5 years now. I've been living here on a student visa and for a variety of reasons, we haven't been able to send in our status adjustment packet. My visa actually expired a good while ago, but from school they told me that as long as I have a valid I-20, everything is fine, as long as I don't plan on travelling. So now to the problem: my current I-20 expires at the end of this month. I was supposed to start another school later this month (my I-20 is from the school I was still going to spring semester) but that might not be happening right now. My mother in law has now stepped up to try to help us, so we'd finally be able to complete everything. But I'm worried that it's already too late, due to my current situation. What are the chances I will get deported? Is it even worth pursuing a greencard at this point? I've been considering talking to an immigration lawyer, but we can't afford it, and I don't think my mother in law would be too thrilled about having to pay extra. She seems to think we have a handle on this, even though I've tried to explain the situation to her many times. She thinks it'll all be ok if we just complete the paperwork and she writes the checks.

Sorry if this is in the wrong forum. I'm just having a really crappy day trying to wrap my head around this.

Posted

If you live in the US, and your visa is expired so you have overstayed, and you are already married to a US citizen, and you are applying to adjust your status, your chances of deportation are, I'd say, ZERO.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

Never say never, but pretty damned close to zero.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

  • 3 weeks later...
Posted

Sorry for the delay, but thanks guys. I've been reading a little on this forum and it seems like overstaying generally isn't a big issue, and I've been going to school pretty much the entire time so I feel a bit more confident about going through with this now. Thanks for the link also. Very helpful!

Filed: AOS (pnd) Country: New Zealand
Timeline
Posted

My husband and I have been married for almost 2,5 years now. I've been living here on a student visa and for a variety of reasons, we haven't been able to send in our status adjustment packet. My visa actually expired a good while ago, but from school they told me that as long as I have a valid I-20, everything is fine, as long as I don't plan on travelling. So now to the problem: my current I-20 expires at the end of this month. I was supposed to start another school later this month (my I-20 is from the school I was still going to spring semester) but that might not be happening right now. My mother in law has now stepped up to try to help us, so we'd finally be able to complete everything. But I'm worried that it's already too late, due to my current situation. What are the chances I will get deported? Is it even worth pursuing a greencard at this point? I've been considering talking to an immigration lawyer, but we can't afford it, and I don't think my mother in law would be too thrilled about having to pay extra. She seems to think we have a handle on this, even though I've tried to explain the situation to her many times. She thinks it'll all be ok if we just complete the paperwork and she writes the checks.

Sorry if this is in the wrong forum. I'm just having a really crappy day trying to wrap my head around this.

I overstayed my visa waiver for over 10 years here in U.S. n im married for 14 years with 3 kids to my US citizen husband. I did not get deported.

I just had my AOS interview on October 5th and it went well. My case is being held for review. Ive traveled out of da country in sept 2015 using my advanced parole with my new passport since my precious passport was expired. I got a immigration attorney to help so I'm in good hands. I don't think you will get deported. U can check with an attorney. I will keep u up to date.

Posted

I was also out of status for just over 11 years.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

You should be okay but file for AOS as soon as you can. You will be more protected once that process has started.

07/31/05 First met in Ft Lauderdale

06/26/13 DOMA overturned

07/16/13 Married in Rockville, Maryland

08/22/13 Day 0 Mailed AOS Package to Chicago Lockbox (I-130, I-485, I-765)

11/20/13 Day 90 AOS Interview completed - Approved!

09/01/15 Day 740 I-751 Mailed ROC packet to California Service Center

04/08/16 Day 960 I-751 RFE received - need to provide more evidence of financial commingling

05/03/16 Day 985 RFE response sent

06/07/16 Day 1020 I-751 approval notice received

06/16/16 Day 1029 10-year greencard received

11/16/16 Day 1182 Mailed N-400 citizenship application

08/21/17 Day 1460 Received alert that naturalization interview was scheduled

09/28/17 Day 1498 N-400 interview completed - Approved!

10/20/17 Day 1520 Oath ceremony finished - now a US Citizen

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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