Question:
What is my current status in USA?
2007-08-15 19:27:44 UTC
Hi I came to US with working visa H2B and I got married with my two year relationship fiance while i was still on my H2B visa but my visa has been expired four monts ago and im applying for a green card now and while i was filling the US applications it was asking for my CURRENT STATUS which i dont know what is it is it OUT OF STATUS or somthing else please help me as soon as possible thank you to everyone i was search in USCIS home paige and and i called phone number but coulnt find anything
Nine answers:
Fritz
2007-08-15 21:16:06 UTC
You are out of status since your H2B visa is expired. You are permitted to remain in US and apply for Permanent Resident status due to your marriage.



Do NOT try to cross the border for any reason until you get either your Green Card or the Travel Documents you use the I-131 to apply for.



Your wife needs to file

I-130 Petition for Alien Relative

I-485 Petition to Adjust Status to Permanent Resident

I-131 Advance Parole

I-765 Employment Authorization Document



She will also need

I-864 Affidavit of Support

G-325a Biographical Information for each of you.



Do it soon as USCIS gets upset if you are Out of Status for more than 6 months.



Reading across immigration support boards a variety of answers to the status question have worked. Since you are inside the 6 month window, I would suggest honesty and put down "H2B expired "



Others have also used "Adjusting Status" & "Out of Status" successfully.



Post this question at http://visajourney.com to get a second opinion since you still have a week or 2 to spend asking.



Good Luck

Fritz
George L
2007-08-15 19:42:15 UTC
Well, unless your two year relationship fiance filed an immigrant visa petition for you before the H2B petition ran out, you are officially out of status. Actually, the validity dates on the petition aren't always the same as the visa. So, do you have a copy of your petition to check or not? If the petition is still valid or was valid before the IR-1 petition was filed, you'd still be in status. Probably not though. It will likely still work out, either way.
2007-08-15 19:39:09 UTC
Your current status is Illegal residence....you will be deported....IE you can not get married legally on a H2B Visa only on a K1....with a H2B Visa you have to return to your home country and wait 2 - 3 years to apply for a k1 ( fiancé visa).



DO NOT TURN THE FORM IN GET A IMMIGRATION LAWYER FIRST......



This same thing happened to my brother and his wife, she would have been deported and then could not enter the US for 7 -10 years as she was here illegally ( on a expired work visa) the only thing that stopped the deportation was a immigration lawyer and our state senator petitioning immigration.



AS a result of this my brothers wife was confined to the LA county, were they lived for 2 years ) until she got her permanent residence alien card)



I wish you the best of luck
?
2016-10-15 16:03:01 UTC
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2007-08-15 19:31:56 UTC
Well I think you would be considered out of Status depending on if your application has already been approved or not. If you are just starting the process then you probably are out of status.
2007-08-15 19:44:32 UTC
You seem to be very literate and understand English very well so I hope you can stay. You do need to work on your punctuation though. Here's some to use for now:



,,,.:....
Julie H
2007-08-15 19:32:47 UTC
The government isn't going to kick you out. They let millions of illegal aliens stay, so they won't even be looking for you.
2007-08-15 22:59:35 UTC
i guess u r illegal!
2007-08-15 19:30:55 UTC
Your current status is 'ILLEGAL RESIDENT'


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