Married To A Citizen, But Remain In The U.S. On An Expired Visa
I first arrived via a TN visa in 2002 and renewed each year including 2005. In mid 2005 I married a US citizen. After working 3 months more we moved to a new city. I have not worked since but have operated a sole propriety. I could not renew my TN because wasn't working anymore.
I didn't apply for or get a work visa based on my marriage. I've heard I may need to file papers before 2nd anniversary, which is next month.
Our I-130 was approved and notification has been sent to NVC. We are waiting for paperwork to arrive re support of spouse. I never file I-485 to adjust status. Thought I could leave when paperwork was ready and finalize immigration in 1-3 months. But just came to my attention about possible 10yr ban.
Is it too late to file I-485? Can I leave and come back? What are my options. (I realize lawyer is best option but would appreciate any info from this forum first).
Re: Marriage almost 2yrs old - TN expired 1.5yrs ago
Do not leave the U.S., as you will trigger the period of exclusion. Apply to adjust your status. If you wish to leave while that process is pending, be sure to obtain advance parole. (When you apply for advance parole, also recall that it could take three months, perhaps even longer, for your request to be processed.)
Re: Married To A Citizen, But Remain In The U.S. On An Expired Visa
Does that mean I can still file I-485 even if I'm out of status?
Re: Married To A Citizen, But Remain In The U.S. On An Expired Visa
Yes, as you entered the U.S. legally, you can apply to adjust your status on the basis of marriage.
Re: Married To A Citizen, But Remain In The U.S. On An Expired Visa
I highly suggest that as soon as you can apply and take the classes necessary to become a us citizen. This will in the future save you alot of possible headache!
Re: Married To A Citizen, But Remain In The U.S. On An Expired Visa
If she doesnt work or doesnt make enough to support the family I would ask one of her family members to become your sponser as well when you apply to have your status adjusted. Good luck! I wish you the best