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  • married to LPR, need advise

    I am now out of status from my B-1 visa but I got married to my long time boyfriend(who is LPR) and filed I-130 petition before my visa got expired, but we haven't got approval notice just a receipt #. Am I considered as Illegal? i'm not working and have no plan to buy any fake ID's. Now I'm pregnant, if my baby is born what kind of petition can we apply that could upgrade by status since the baby will be USC (if there is)? We couldn't apply for AOS for now because we don't have the approval yet. Can I apply for EAD? We haven't gone to any lawyer because we know its quite expensive, so please your inputs will be greatly appreciated especially now, we are having a baby. Thanks!

  • #2
    I am now out of status from my B-1 visa but I got married to my long time boyfriend(who is LPR) and filed I-130 petition before my visa got expired, but we haven't got approval notice just a receipt #. Am I considered as Illegal? i'm not working and have no plan to buy any fake ID's. Now I'm pregnant, if my baby is born what kind of petition can we apply that could upgrade by status since the baby will be USC (if there is)? We couldn't apply for AOS for now because we don't have the approval yet. Can I apply for EAD? We haven't gone to any lawyer because we know its quite expensive, so please your inputs will be greatly appreciated especially now, we are having a baby. Thanks!

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    • #3
      It doesn't make any difference! Having a USC newborn doesn't upgrade your status at all. Since you have legal status when you married your husband, I don't think you will meet some problems with INS provided you did not marry within 60 day period after you entered the US.If you married right away, I think this will raise a flag and you will be in a lot of trouble. Even a spouse of USC is not excempted if they violated this rule because there was an intent of staying here permanently and you misrepresented yourself before an immigration officer.

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      • #4
        i-130 for spouse of LPR may take up to three years, if spouse has become naturalized before the i-130 approval, that will make you eligible to apply for AOS (i-485), about your child, it will be part of your AOS support documentation, which has a better ground for a genuine marriage. And like what Brownfox said, overstaying will be overlooked during the AOS processing.

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        • #5
          Brownfox and afriend, me and my husband greatly appreciate your inputs. FYI, we got married 4 mos. after i entered here and for the meantime I will be a fulltime mom till I get my working permit or the AOS. Thanks Again!!!

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