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  1. #1
    Join Date
    May 2008
    Posts
    9

    Default Overstayed While Waiting For I-130 Approval

    Hi there,
    I've been on these forums before, usually asked this question, but I think I over-complicated it to a point where nobody can answer it, so I'll simplify it down.

    I came to the US from Australia in August 2006, and married my LPR Husband, who then filed the I-130. We left the US for 1 week, in which time we went back to Australia, got my son, and retured back to the US in September 2006.
    We at the time did not know that we weren't allowed to be in the country, or that we could file an I-485 (according to USCIS). We got a Notice of Action for the I-130, and since then have been waiting it out, and have overstayed.

    We've had multiple lawyers that have not given us any help at all. One lawyer told us that we could get a K-Visa ... I've found information on the web to point that we cannot.

    We tried to naturalize my husband, but he cannot because of a conviction.

    So my question is, does anyone know what we can do to get a work permit or some kind of status? Or does anyone know what we should do in our situation?

    My son will be graduating next year, and I do not know how he will be able to apply to colleges without a SSN, so I really need to do something.

    If you could help answer this, and have any questions that would help you help me, I'll be glad to answer them and I'd appreciate all your help!

    Thank You Kindly.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overstayed While Waiting For I-130 Approval

    What exactly is it you are trying to tell us? That you left the country after filing the I-130, and are now under a period of ineligibility to return?

  3. #3
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Overstayed While Waiting For I-130 Approval

    Lets take this in steps

    You got married in the US, left, then returned. I assume you returned on a visitors VISA? This is where you may have a complication in the adjusting status process, because that may be perceived as fraud....

    But, as for now, you are in the US, as is your son, you are married to an LPR and you have Filed a I-130.

    The next step for you is to file the I485 Adjust status and I 765 authorizaiton for work permit...the work permit should be granted based on your pending I485 application..with this you can get a SSN that says "for work purposes only". Then you will be able to work.
    IF the Petition to adjust is approved, you will become an LPR...this process is taking about 6months to 2 years these days..they are very backed up.


    Once you are an LPR, then you can petition for your son, the same way I130 and I485..your problem is that you probably cannot wait.

    The one thing I do not know for sure is if your LPR husband can petition a "step-Child", meaning his child through marriage versus blood child. If he can, then you would want to go that route as well...if not, you will have to wait until you become and LPR...

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