Any help will be appreciated

[dovs 0]

I visited my long time girlfriend on a tourist visa last nov 2010 and we got married on dec 2010. She filed a petition F2A for me which was approved last feb 2011 ( shes an immigrant that got here last march 2010 petition by father ). However she doesnt want me to go back to our country so my i94 expired. is there other way that i can legally stay here other than waiting for her to get the citizenship? thank you and God bless.

[cardilene 26]

I visited my long time girlfriend on a tourist visa last nov 2010 and we got married on dec 2010. She filed a petition F2A for me which was approved last feb 2011 ( shes an immigrant that got here last march 2010 petition by father ). However she doesnt want me to go back to our country so my i94 expired. is there other way that i can legally stay here other than waiting for her to get the citizenship? thank you and God bless.

Better seek the help of an immigration lawyer sir,...

Good luck,...

[joe12 1]

First and foremost you are out of status and can be deported anytime.

Secondly,since you are the spouse of a permanent resident,you cannot adjust your status in the USA because you have overstayed even if your priority date become current.

Thirdly,since your wife came to the US in 2010..she has five years to citizenship..so she will be a citizen in 2015.

So my advice is you got to wait till she becomes a citizen then you guys can upgrade the petition to IR1 because spouse of citizens are forgiven for overstay.

Make sure you dont involve your self in any trouble till 2015.

[aleful 1,905]

I visited my long time girlfriend on a tourist visa last nov 2010 and we got married on dec 2010. She filed a petition F2A for me which was approved last feb 2011 ( shes an immigrant that got here last march 2010 petition by father ). However she doesnt want me to go back to our country so my i94 expired. is there other way that i can legally stay here other than waiting for her to get the citizenship? thank you and God bless.

nope, spouses of residents cannot adjust status in country. your i94 has expired so you can't change it to a student visa. you have now overstayed.

you should have left, and visit her while your visa is current, or try to get some sort of visa in your country. you can marry, but you have to return before your i94 expires.

[RICARDO4EVA2 194]

First and foremost you are out of status and can be deported anytime.

Secondly,since you are the spouse of a permanent resident,you cannot adjust your status in the USA because you have overstayed even if your priority date become current.

Thirdly,since your wife came to the US in 2010..she has five years to citizenship..so she will be a citizen in 2015.

So my advice is you got to wait till she becomes a citizen then you guys can upgrade the petition to IR1 because spouse of citizens are forgiven for overstay.

Make sure you dont involve your self in any trouble till 2015.

I visited my long time girlfriend on a tourist visa last nov 2010 and we got married on dec 2010. She filed a petition F2A for me which was approved last feb 2011 ( shes an immigrant that got here last march 2010 petition by father ). However she doesnt want me to go back to our country so my i94 expired. is there other way that i can legally stay here other than waiting for her to get the citizenship? thank you and God bless.

Your case is likely current in the next 12 month it is could be challenging pushing out your case thru to 2015.. That is like a waste if time sitting around the U.S.

[Harsh_77 716]

There are not many options for you, as mentioned in other post you cannot adjust your status in US being spouse of a LPR.

You are out of status at the moment, which means you cannot work , cannot drive and if you are willing to sit at home until 2015+1-2 yrs then you can continue to live in US.

[dovs 0]

ok.. how about hiring a lawyer when my PD is current? will it help anything or just wasting money? thanks

[cardilene 26]

Well, that's the only option you really have right now,

at least consult an immigration lawyer ASAP, to somehow

get his professional opinion, and you can decide from that...

Good Luck

[dovs 0]

ok. thank you so much

[aaron2020 11,651]

ok.. how about hiring a lawyer when my PD is current? will it help anything or just wasting money? thanks

A lawyer cannot help you become legal. A good lawyer will make you pay for a consultation and tell you what I will. A crooked lawyer will take your money and tell you whatever you want to hear.

You have already made a very big mistake by overstaying after your I-94 expired. Since you arrived in Nov. 2010, I am going to assume that your I-94 expired at the latest in May 2011. You have overstayed more than half a year in the US, you will be subject to a ban if you leave the US.

Here are your two choices;

1. Leave the US and incur either a 3 years ban (overstayed more than 180 days but less than a year) or a 10 years ban (overstayed more than a year). Once your Priority Date becomes current in the F2a category in year or so, you will be denied your immigration visa due to the ban. Your wife will need to file a waiver for your ban. The waiver is discretionary, so you may or may not get it. If you are not granted a waiver, then you will not get a visa until the ban is over. If you are granted a waiver, then you can immigrate to the US.

2. Stay in the US illegally until your wife becomes a US citizen after 5 years as an LPR. You live illegally without the authorization to work. You will be deported if ICE picks you up.

======================

Note that your actions - coming to the US on a tourist visa to marry and stay illegally which makes it so much harder for Filipinos to get tourist visas to come visit their families in the US. What you have done is commit visa fraud. Every case of visa fraud in the Philippines makes it that much harder for everyone else.

Edited January 11, 2012 by aaron2020

[dovs 0]

Thanks. But ive alrdy consult atty gurfinkel. He can do somethng bout it but hes asking 15k.

[NigeriaorBust 4,087]

There is nothing he can do other than make you 5K poorer. Your wife is only an LPR and as such there is no immediate fix.

[RICARDO4EVA2 194]

There is nothing he can do other than make you 5K poorer. Your wife is only an LPR and as such there is no immediate fix.