"Visitor from Canada in March '07, married in September '07, still here & no AOS, what now?"

[Kittyfang 6]

Hi VJ!

rsn suggested that I post a new post with a more appropriate title.

I came to meet my (now) husband in Feb. 07. I stayed for two weeks and went back to Canada. I then learned that I was going to lose my job (not definably, because my job hires and fires people depending on their needs). My husband and I discussed our options and we decided to have me come back for 2-3 months and see how we would do, living together, over a longer period of time.

When the 2-3 months were over, we knew we wanted to stay together. So we started talking about marriage. We got married on Sept. 07 (6 months after my second entry in the U.S.) and I have been here ever since.

We didn't file for AoS since then because we had no money. I called USCIS and was told that I was out of status, but that I could stay (indefinitely, but the sooner this is fixed up, the better). We are now starting to gather what we need to file.

My husband's mother will co-sponsor me.

Also, since I am Canadian, I have no I-94, and no proof of entry (I traveled by Greyhound bus and lost the ticket).

We do not have money to hire a lawyer, but I did speak with an Immigration person from a Community Help center. She told me that having overstayed is bad, but that I might not be denied because of it.

[Krikit 1,164]

Hi Kittyfang. I am going to move your thread to the AOS From Other Visa section. You'll find many others in that forum who have adjusted under similar circumstances. Basically, the overstay will only affect your ability to reenter the US if you leave. So don't do that until you have your greencard.

Good luck, and welcome to VJ.

[Kittyfang 6]

Hi Kittyfang. I am going to move your thread to the AOS From Other Visa section. You'll find many others in that forum who have adjusted under similar circumstances. Basically, the overstay will only affect your ability to reenter the US if you leave. So don't do that until you have your greencard.

Good luck, and welcome to VJ.

Krikit. Your picture cracks me up!

Thank you! That is what I was just told as well. I spoke with someone from a Immigration Community Help Center and she told me that overstaying will be "forgiven" once I file an AoS. The one thing she said is that they might ask for proof of entry, but since I'm Canadian, they probably won't make a big deal out of it.

Edited September 30, 2009 by Kittyfang

[rsn 135]

Hi Kittyfang. I am going to move your thread to the AOS From Other Visa section. You'll find many others in that forum who have adjusted under similar circumstances. Basically, the overstay will only affect your ability to reenter the US if you leave. So don't do that until you have your greencard.

Good luck, and welcome to VJ.

Krikit. Your picture cracks me up!

Thank you! That is what I was just told as well. I spoke with someone from a Immigration Community Help Center and she told me that overstaying will be "forgiven" once I file an AoS. The one thing she said is that they might ask for proof of entry, but since I'm Canadian, they probably won't make a big deal out of it.

Ah, that's one thing I forgot about in the last thread. I do remember reading somewhere that overstays are generally forgiven if are married to a USC.

[Kittyfang 6]

Hi Kittyfang. I am going to move your thread to the AOS From Other Visa section. You'll find many others in that forum who have adjusted under similar circumstances. Basically, the overstay will only affect your ability to reenter the US if you leave. So don't do that until you have your greencard.

Good luck, and welcome to VJ.

Krikit. Your picture cracks me up!

Thank you! That is what I was just told as well. I spoke with someone from a Immigration Community Help Center and she told me that overstaying will be "forgiven" once I file an AoS. The one thing she said is that they might ask for proof of entry, but since I'm Canadian, they probably won't make a big deal out of it.

Ah, that's one thing I forgot about in the last thread. I do remember reading somewhere that overstays are generally forgiven if are married to a USC.

Yup, that's what the woman said, many time. hehe

I did ask her about the SSN, and she said that no, I cannot have a SSN prior to having EAD. Which makes sense, because I was told that I will need to show my EAD when I go to get a SSN.

All in all, I just want to start filing asap. The stress is killing me.

[rsn 135]

I did ask her about the SSN, and she said that no, I cannot have a SSN prior to having EAD. Which makes sense, because I was told that I will need to show my EAD when I go to get a SSN.

In your case, she might be right about the SSN, I don't really know. However, this is not always true. For example, if you come here on a K1 you can apply for a SSN as soon as you enter the country and do not have to wait for anything.

[Kittyfang 6]

I did ask her about the SSN, and she said that no, I cannot have a SSN prior to having EAD. Which makes sense, because I was told that I will need to show my EAD when I go to get a SSN.

In your case, she might be right about the SSN, I don't really know. However, this is not always true. For example, if you come here on a K1 you can apply for a SSN as soon as you enter the country and do not have to wait for anything.

Mmm I see. Still, I don't really "need" one at this time. It is somewhat weird to say "sorry I don't have a SSN" and having to explain the reasons when I am asked (at the doctor for example). but most of the time, they nod, ask about my accent and if it's true that we don't pay for hospitals up there!

[Kathryn41 3,205]

Just a clarification - you are indeed seriously out of status and if you do leave the US before you get your green card you will face an automatic 10 year ban on re-entry - so you don't want to leave under any circumstances.

Now, your overstay isn't forgiven when you apply for AOS - it is forgiven when the AOS is approved so it can still be a number of months before you can safely leave the US. Changing status through marriage to a US citizen does allow for out of status overstays to be forgiven but you need to be approved before that happens.

You will be able to apply for a SSN when you get your EAD. You can apply for your EAD (I-765) with the AOS (I-465) as they are included in the same price. It is pointless to apply for an I-131 (Advance Parole) as you cannot use it. You are fortunate that you have been able to get by without one for this long. In many states a SSN is required to get a driver's license. Some banks require SSN before they will allow you to open or be added to an account, and some health plans won't allow you to be added unless you have a SSN. You've been lucky.

Make sure you file for your AOS asap. You are technically at risk for deportation even though you are married to an American, especially having been here this long out of status. Being Canadian won't protect you if you are discovered before you actually file. Once you file and have your receipt (NOA1) you again have legal status until they make a decision on your AOS application.

[Kittyfang 6]

Just a clarification - you are indeed seriously out of status and if you do leave the US before you get your green card you will face an automatic 10 year ban on re-entry - so you don't want to leave under any circumstances.

Now, your overstay isn't forgiven when you apply for AOS - it is forgiven when the AOS is approved so it can still be a number of months before you can safely leave the US. Changing status through marriage to a US citizen does allow for out of status overstays to be forgiven but you need to be approved before that happens.

You will be able to apply for a SSN when you get your EAD. You can apply for your EAD (I-765) with the AOS (I-465) as they are included in the same price. It is pointless to apply for an I-131 (Advance Parole) as you cannot use it. You are fortunate that you have been able to get by without one for this long. In many states a SSN is required to get a driver's license. Some banks require SSN before they will allow you to open or be added to an account, and some health plans won't allow you to be added unless you have a SSN. You've been lucky.

Make sure you file for your AOS asap. You are technically at risk for deportation even though you are married to an American, especially having been here this long out of status. Being Canadian won't protect you if you are discovered before you actually file. Once you file and have your receipt (NOA1) you again have legal status until they make a decision on your AOS application.

Thank you for you very detailed reply.

I may have misspoke. I understand that filling for AoS doesn't wipe the slate clean. And I really do not intend to leave. I was just trying to make sure that having a long overstay was not going to be a huge problem in the end (this was confirmed by a Community Immigration Counselor I spoke with. I suspect they will ask me, at my interview, why we waited for so long and I will tell them the truth. It took us some time to understand the law regarding immigration. We then had to get the means to pay for it. My husband works, but we do not have a lot of money. So getting the actual amount was a challenge. We ended up waiting till some bills we're paid off and get a bank loan.

[Old Dominion 26]

You have been advised correctly. Overstaying will not get in the way of being approved for your AOS. You cannot get a SSN until you have your EAD. You are not able to be employed until you have your EAD, but of course I guess you are self-employed. Not every bank requires a SSN to have your husband's bank account switched to a joint one; ours didn't, but it took a couple of days to work it through the system.

But as others have written on this forum, time is of the essence. If there is anywhere you can borrow the fee, do so quickly and get on with it.

Good luck!

[Jamaican JNR 2]

Hi VJ!

rsn suggested that I post a new post with a more appropriate title.

I came to meet my (now) husband in Feb. 07. I stayed for two weeks and went back to Canada. I then learned that I was going to lose my job (not definably, because my job hires and fires people depending on their needs). My husband and I discussed our options and we decided to have me come back for 2-3 months and see how we would do, living together, over a longer period of time.

When the 2-3 months were over, we knew we wanted to stay together. So we started talking about marriage. We got married on Sept. 07 (6 months after my second entry in the U.S.) and I have been here ever since.

We didn't file for AoS since then because we had no money. I called USCIS and was told that I was out of status, but that I could stay (indefinitely, but the sooner this is fixed up, the better). We are now starting to gather what we need to file.

My husband's mother will co-sponsor me.

Also, since I am Canadian, I have no I-94, and no proof of entry (I traveled by Greyhound bus and lost the ticket).

We do not have money to hire a lawyer, but I did speak with an Immigration person from a Community Help center. She told me that having overstayed is bad, but that I might not be denied because of it.

Under no circumstances should you leave until you have the greencard. The fact that you have been married such a long time will work in your favor. Good luck.

[Kittyfang 6]

Hi VJ!

rsn suggested that I post a new post with a more appropriate title.

I came to meet my (now) husband in Feb. 07. I stayed for two weeks and went back to Canada. I then learned that I was going to lose my job (not definably, because my job hires and fires people depending on their needs). My husband and I discussed our options and we decided to have me come back for 2-3 months and see how we would do, living together, over a longer period of time.

When the 2-3 months were over, we knew we wanted to stay together. So we started talking about marriage. We got married on Sept. 07 (6 months after my second entry in the U.S.) and I have been here ever since.

We didn't file for AoS since then because we had no money. I called USCIS and was told that I was out of status, but that I could stay (indefinitely, but the sooner this is fixed up, the better). We are now starting to gather what we need to file.

My husband's mother will co-sponsor me.

Also, since I am Canadian, I have no I-94, and no proof of entry (I traveled by Greyhound bus and lost the ticket).

We do not have money to hire a lawyer, but I did speak with an Immigration person from a Community Help center. She told me that having overstayed is bad, but that I might not be denied because of it.

Under no circumstances should you leave until you have the greencard. The fact that you have been married such a long time will work in your favor. Good luck.

I am very glad to hear that. The more I think about it, the more confident I get... but the more confident I get, the more scared I get... Maybe I forget a detail, etc. But VJ people have just been awesome!

[trillium13 84]

To the OP-you have a lot of threads going. It's kind of confusing.

Anywho, it might be wise for you to consider a consultation with an immigration attorney. It won't cost you nearly as much as it would to have them do the whole thing. They can go through everything and tell you the good and the bad about your situation and advise you. You can take it from there yourself. I know you said you don't have a lot of money, but it would be worth it.

Do you have the money for the AOS fees?

[Kittyfang 6]

Do you have the money for the AOS fees?

Barely, that is why we don't have money for an attorney.