Processing time for PR after marriage to US citizen here in US?

[R1one 0]

Hello everyone, I am new here and although i have receives inputs from attorneys , I would like members here to answer my questions to my situation.

I have resided here in the States since 1995 via F1 student Visa. I am married now to an US citizen wife. We have 2 kids together both born in the States. I have worked here for the past 9 years and paid my taxes. However, i have never applied for work authorization. My student visa has expired but my passport is current. my I-94 indicates NO expiration date. Will i encounter any complication during the immigration process to change my status to PR and apply for work authorization etc? thanks all

Edited May 22, 2008 by R1one

[ELW 5]

As far as I know, you will have no trouble at all because due to being married to a US Citizen, your overstayed visa is excused. You can apply for AOS.

Other more knowledgeable people may have more to comment.

[R1one 0]

Thanks Nagaraju....that is what 2 lawyers i consulted told me and with the situation i have and as long as im married to US citizen, im good to go. I just hope all is well for everyone here in pursuing their status. Thanks for the heads up again

As far as I know, you will have no trouble at all because due to being married to a US Citizen, your overstayed visa is excused. You can apply for AOS.

Other more knowledgeable people may have more to comment.

[eau_xplain 2]

Yes, overstay and unauthorized work are usually overlooked at the time of AOS processing.

Did you file your AOS already?

[sweetpiano 0]

I have resided here in the States since 1995 via F1 student Visa. I am married now to an US citizen wife. We have 2 kids together both born in the States. I have worked here for the past 9 years and paid my taxes. However, i have never applied for work authorization. My student visa has expired but my passport is current. my I-94 indicates NO expiration date. Will i encounter any complication during the immigration process to change my status to PR and apply for work authorization etc? thanks all

I think your I-94 says "D/S" meaning "duration of status". Even though it has no expiration date, it was valid for as long as you maintained F1 status. Sounds like you stopped maintaining F1 status a while ago, so your I-94 is expired. But that is minor, I concur with the other posters, you should not have a problem adjusting status based on marriage to USC. One thing though... stop working illegally, get your EAD and then you can work again (see this thread http://www.***removed***/forum/showthread.php?t=42162)

[R1one 0]

Thanks all for the opinions and suggestion.

I have resided here in the States since 1995 via F1 student Visa. I am married now to an US citizen wife. We have 2 kids together both born in the States. I have worked here for the past 9 years and paid my taxes. However, i have never applied for work authorization. My student visa has expired but my passport is current. my I-94 indicates NO expiration date. Will i encounter any complication during the immigration process to change my status to PR and apply for work authorization etc? thanks all

I think your I-94 says "D/S" meaning "duration of status". Even though it has no expiration date, it was valid for as long as you maintained F1 status. Sounds like you stopped maintaining F1 status a while ago, so your I-94 is expired. But that is minor, I concur with the other posters, you should not have a problem adjusting status based on marriage to USC. One thing though... stop working illegally, get your EAD and then you can work again (see this thread http://www.***removed***/forum/showthread.php?t=42162)