out of status

I am a Canadian citizen, and I married a US citizen in January of 2002. However, we didn't really know what we we were getting ourselves into or lnow much about the whole immigration process. As a result, I am now 4 months out of status. I have no idea how to prodeed from here. Will I have to leave the US, or will i be able to stay here while I'm being processed? ANy advice would be appreciated.

Ashley

I am a Canadian citizen, and I married a US citizen in January of 2002. However, we didn't really know what we we were getting ourselves into or lnow much about the whole immigration process. As a result, I am now 4 months out of status. I have no idea how to prodeed from here. Will I have to leave the US, or will i be able to stay here while I'm being processed? ANy advice would be appreciated.

Ashley

Just adjust your status. I'm assuming you came here on a tourist visa or something similar.

This will help you get all the forms.
http://www.ins.gov/graphics/howdoi/LPRApplication.htm

http://www.ins.usdoj.gov/graphics/ho...ligibility.htm

Whatever you do, don't leave the US.

The INS told me that since I was out of status that i couldn't file my whole AOS package. They said that my husband had to file the I-130 and G-325a before I can file anything, and if I stay here until that is all done I will be more than 180 days out of status.

How did you come into the US?

It may be different for people from Canada but usually if you come in as a tourist, get married, you can apply for AOS whether or not you overstayed.

Someone probably knows on this forum. I doubt it would be different.

Get a second opinion that's for sure! Did you go down to a field office?

I entered the US on a tourist visa. There is a six month time limit on tourist visas, and I talked to an immigration officer and he said that I cannot legally be here while I wait for y husbands forms to be processed. He said that I have to go through the US consultate in my home country.

the INS officer is right about you not being here legally while waiting for the papers to be processed. You did say you are out-of-status. However, your hubby is a USC and you came in with a visa so you are allowed to adjust status in the US instead of going for consular processing. He/she just couldn't tell you that because it will be like telling you it's ok to remain out-of-status. Once your immigration papers are filed, you are not really illegal (I really don't think anyone is illegal here), but your status will be in limbo, particularly, "filed for adjustment", which doesn't mean you're fine to be here but also doesn't mean you're not.

File the whole adjustment packet so you can work, if you wish, in 3 months.

Good luck.

Thank you for your advice. One more question, when I file my AOS package, will I be able to file for advance parole so I can go visit my family in Canada, or will that be denied because I overstayed?

You could apply for it and you'd probably get it but AP is NOT a guarantee to get back in the US. If you overstay you are subject to the bans.
Don't travel until you get your green card...that's the safest way!

Even if the AP is granted, which I doubt, don't leave if you have been out-of-status for 6 months or more. Besides, when you get a notice from INS for the AOS, it will state that AP will not be granted to applicants who have overstayed.