What should I do?

[alejate 1]

I'm looking to file for AOS, however we just moved and my husband is still looking for a job. He found a joint sponsor but that person only has hand written pay stub and couldn't find his W2 or tax filing. So we found someone else. The problem is, that person won't be able to get all the paperwork required for joint sponsor ready till my I-94 expires. I've heard that since my husband is citizen, a day or two out of status shouldn't affect the application. Is that true? What are my options? Is it a good idea to wait for the second sponsor and go out of status for a couple days? I came in on a tourist visa. I also have a plane ticket to go home right before my I-94 expires, since the originally plan was for me to go home first and come back on my tourist visa. But people say more than likely I'll be turned around at US customs even though I don't have the intent to immigrate. That's why we decided to file for AOS for me in such a rush. I could really use some help here! Any help would be appreciated! Thanks!

[Erica & L 50]

Overstay of a spouse of a USC is forgiven regardless of the amount of time as long as you entered legally. I'm currently in overstay as well for about a month, others have been in overstay for a few years before filing. If it had been like 10+ years I feel like the USCIS might question why it took so long to file, but a couple days or even a month or so before you can get your joint sponsor's information isn't a problem.

The only issue is once you go out of status, you have to stay put in the US until you get your GC. I think there is a period of 60(?) days (someone can correct me here) where you could still use your Form I-131 Advanced Parole to travel, but if you leave the US once that period has passed, you're abandoning your application and risk a ban. I would stay and file for AOS if I were you, to avoid any complications with re-entry, but with that being said, be prepared to be possibly be away from your home country for several months until you physically get your green card, so hopefully you don't have any pressing issues you'd need to attend to there. Good luck!

[mrjack 9]

Depending on your situation, you could also just file it without a joint. Sponsor. You'll get an rife, just send in the joint sponsor at that time.

That said, I don't think your situation calls for it and I'd only suggest it if you live within 100 miles of a border. You really don't want to deal with border patrol checkpoints if you are on an expired visa.

[alejate 1]

Overstay of a spouse of a USC is forgiven regardless of the amount of time as long as you entered legally. I'm currently in overstay as well for about a month, others have been in overstay for a few years before filing. If it had been like 10+ years I feel like the USCIS might question why it took so long to file, but a couple days or even a month or so before you can get your joint sponsor's information isn't a problem.

The only issue is once you go out of status, you have to stay put in the US until you get your GC. I think there is a period of 60(?) days (someone can correct me here) where you could still use your Form I-131 Advanced Parole to travel, but if you leave the US once that period has passed, you're abandoning your application and risk a ban. I would stay and file for AOS if I were you, to avoid any complications with re-entry, but with that being said, be prepared to be possibly be away from your home country for several months until you physically get your green card, so hopefully you don't have any pressing issues you'd need to attend to there. Good luck!

Do I need to submit any paperwork explaing why the application was sent in after my I-94 expired?

[alejate 1]

Depending on your situation, you could also just file it without a joint. Sponsor. You'll get an rife, just send in the joint sponsor at that time.

That said, I don't think your situation calls for it and I'd only suggest it if you live within 100 miles of a border. You really don't want to deal with border patrol checkpoints if you are on an expired visa.

My visa is good till April, that's why I'm thinking about maybe going back to my home country and come back to get a new I-94, so I can file for AOS with a I-94 that's not expired. But I don't want to be stopped by US customs at POE because I did marry a US citizen my last trip, and people say it's highly likely I'll be turned around and send back home because I'm on B2 visa and my spouse is citizen. And once that happens there could be a bar and I won't be able to come back to the country for 3 years.

[Erica & L 50]

Do I need to submit any paperwork explaing why the application was sent in after my I-94 expired?

No. As long as you are the spouse of a USC, they will process your application like they would for other application.

Also, if your visa expires in April, I can't see it taking 3 months to aquire tax information from your joint sponsor? I know it's tax season, but I just filed my wife's 2010 and 2011 taxes late and it only took about a month for the transcripts to be available.

But regardless, do not worry about the overstay if you plan to stay put and file AOS now, which is what I would suggest unless there is some reason you NEED to go home. Dealing with re-entry could complicate the situation, you never know, depending on the border officer you could get.