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Posted

We have our interview coming up. My husband and I have been married for 5 and a half years. We got married back in Kenya when I was still in High school. I used to come back and forth visiting him on a B1/B2 visa. On one of my visits we changed my status to a F1 visa four years ago. We never filed for my green card because he did not have a green card. We waited for him to get his citizenship. He just got his citizenship last week and we are going ahead filing.

My questions: Since I am out of status because I am not in school will that hurt me?

If they ask why we did not file earlier must we tell them it's because he was not a citizen?

We have a Geico car insurance together. I have been on his health insurance for years. We have old bank statement together and overdraft letters from the bank from 2002. We have pictures from when he used to come to Kenya to visit me. They are dated 2001, 2002, and so forth. We many pictures. We have letters and cards from mom. I have money order slips to when he send me money in Kenya. Must we get a lawyer because I am not in status? WE ARE FILING WITH THE DORA PROGRAM.

PLEASE HELP ME!

Posted
We have our interview coming up. My husband and I have been married for 5 and a half years. We got married back in Kenya when I was still in High school. I used to come back and forth visiting him on a B1/B2 visa. On one of my visits we changed my status to a F1 visa four years ago. We never filed for my green card because he did not have a green card. We waited for him to get his citizenship. He just got his citizenship last week and we are going ahead filing.

My questions: Since I am out of status because I am not in school will that hurt me?

If they ask why we did not file earlier must we tell them it's because he was not a citizen?

We have a Geico car insurance together. I have been on his health insurance for years. We have old bank statement together and overdraft letters from the bank from 2002. We have pictures from when he used to come to Kenya to visit me. They are dated 2001, 2002, and so forth. We many pictures. We have letters and cards from mom. I have money order slips to when he send me money in Kenya. Must we get a lawyer because I am not in status? WE ARE FILING WITH THE DORA PROGRAM.

PLEASE HELP ME!

This might help clarify:

http://www.americanlaw.com/aos.html

Unauthorized Employment, Unlawful Status or Failure to Maintain Status

Aliens who have engaged in unauthorized employment since their entry into the United States are barred from adjustment of status. However, this statutory bar does not apply to immediate relatives of United States citizens

http://www.hooyou.com/i-485/eligible.html

Unauthorized Employment, Unlawful Status or Failure to Maintain Status -- Aliens who have engaged in unauthorized employment, do not in lawful status at the time of filing of the adjustment application, or have failed to continuously maintain status for even a single day since their entry into the United States are barred from adjustment of status.

Exceptions -- This rule has several exceptions, which include:

Immediate relatives (spouses, parents and unmarried children under 21-year old) of U.S. citizens are still eligible to adjust their status;

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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