AOS marriage based, valid b2 visa, expired passport. Is this a problem?

[Amirpanahi 0]

here is my situation; I came to the US with a b2 visa in June 2016. I married my girlfriend who I had been with for years, who is a US citizen, during this trip. We left back to my home country UK under 2 months later. We stayed in the UK for 6 months, then came back. I have been here now for 5 months, meaning I have one more month left on my current stay. We initially came with plans of returning to U.K., However, we decided to stay and apply for my green card due to her family and most of my relatives living in the US, and felt like US would be a better choice for us. But due to our lack of funds, we weren't able to apply for my AOS and my current stay is running out. Also my passport expired in may 2017, will these factors be a problem when applying? I'm sorry if this is a long question but I've been stressing out and would truly be thankful of any answer. 

[TearsOfBabylon 1,680]

If I'm not totally wrong you have to go the CR-1 way, meaning you have to leave the States and wait in the UK for it.

As far as I know you can only file AOS if you had a spontaneous wedding and then STAY there. I doubt that works after you left the US and came back. 

The pro's might correct me if I'm wrong.

Edited June 5, 2017 by TearsOfBabylon

[BritGirl88 43]

2 hours ago, TearsOfBabylon said:

 

If I'm not totally wrong you have to go the CR-1 way, meaning you have to leave the States and wait in the UK for it.

 

This is incorrect. The OP does not have to leave the US. He can stay and file for an Adjustment of Status.

 

2 hours ago, TearsOfBabylon said:

As far as I know you can only file AOS if you had a spontaneous wedding and then STAY there. I doubt that works after you left the US and came back. 

You can AOS at anytime as an immediate relative of a USC once you are legally permitted to enter the US. Circumstances can change, people can change their minds after they enter and the immigration laws allow for that.

 

3 hours ago, Amirpanahi said:

But due to our lack of funds, we weren't able to apply for my AOS and my current stay is running out. Also my passport expired in may 2017, will these factors be a problem when applying?

You can still apply after your stay has run out, overstaying is forgiven for Spouses of a USC once an application has been filed. I would recommend gathering the funds and filing as soon as you can. Once your application has been received by USCIS, you will be in legal status while it is pending and your overstay won't be an issue. I overstayed by about 3 months before submitting my application. It does not even get mentioned. It is not an issue.

As for your passport being expired, I'm not sure if this would create a problem. Maybe someone else can advise on that. Worst case scenario, apply for a new one before submitting your application and have to sent to your US address.

 

Edited June 5, 2017 by BritGirl88

[Transborderwife 4,666]

You do not need a valid passport to file AOS