hello,
I have quite a long story, please bear with me.
I was married to a USC,who is in the military in 95, also gave birth to a child that year, came to the U.S in 96 as a visitor and stayed, we always had the intent to file paperwork, but procrastinated over and over as years went by fear took over and never filed for fear of being deported for overstaying. 2000 we separated and I returned to Canada to live, I believe all the above contributed to our separation, I reconciled with my husband in 2002 and came back to the U.S again with intention to file, well here we are back to square one, scared to death wondering whether I should just give up and go home for good, I fear that if they deport me for being here illegally so long I will never be able to bring my children back here again, and that scares me deeply,I need to know if i have any chance of getting a gc in this country or will they just automatically throw the book at me?

As long as you originally entered the United States legally, then you should be able to adjust status because you are married to a USC. You can download a package from the INS website with all the forms that you will need. You can concurrently file an I-130 (petition by your husband for you) and an Adjustment of status. There is a lot of paperwork, but if you read the directions carefully and do some research on the BCIS webpage, you shouldn't have a problem filling it out yourself.

Hi veryscared,

Even you have the passed history as overstay, as long as you married to USC I think you will be okay. Do not delay anymore or you will be living in worry every minute of thinking that you stay here illegally. Just file the AOS and I wish you good luck.

I'm not a lawyer, act accordingly.

I have all the paperwork, in order, the medical, the photos, fingerprints and all, its just fear stopping me now, it would break my heart if my children and I would have to leave my husband, my home and this country that i have grown to love, thank you for your responses, you have given me some hope.