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Overstayed - Married and Confused

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  • 08-21-2008, 01:01 PM
    nena
    Overstayed - Married and Confused
    Hi,

    I am from Brazil.I got usa with student visa.I attented college in newyork.When I was in college,I got married with American man.I had f-1 visa,when I got married.And then I got OPT card.Because I applied for OPT before we got married.We didnt start my greencard progress that time.Because I still had OPT visa.My opt visa expired october 1st,2007.And then I had a baby.We had some financial issues that time.We didnt apply my greencard.I have been out of status for 10months.Finally,everything is getting better.We want to apply for greencard now.Do we have to pay penalty?Will my status be issue? I am so confused:confused:
  • 08-22-2008, 02:38 AM
    answerdigger
    Re: Overstayed - Married and Confused
    You will not pay any penalty. You just have to file for the I-130(petition for alien relative :$355) and because you are out of status, you have to adjust it. So you have to file also for the I-485 (adjustment of status : $1,010) and also the (I-765) employment authorization. But because you already file for the I-485, you do not have to pay a fee for the I-765.
    You should get a lawyer to help you with the paper work, it is very confusing.
    Good luck!;)
  • 08-24-2008, 04:51 AM
    nena
    Re: Overstayed - Married and Confused
    thank you so much for answering;)
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