B2 Visa revoked , applying for AOS

[Nikki123 1]

Hey all, please advise , I came to the US on vacation in 2017 and ended up marrying my US citizen boyfriend, a month before I was due to return home sometime came up and we decided that it would be better for me to stay , so I did. It's taken me forever to get some documents I needed from back home including my birth certificate which I have finally received. I have overstayed  my B2 Visa by a year and 2 months , my husband and I will be ready to file my AOS in the next month as we now have the money and documents I needed , however I received an email yesterday from the US consulate back home informing me my b2 Visa has been revoked , we are extremely worried that I will be deported before being able to file my AOS. Please can anyone advise , we are sick with worry. Thank you

[mushroomspore 3,043]

File AoS immediately.

[Celie 793]

5 minutes ago, Nikki123 said:

Hey all, please advise , I came to the US on vacation in 2017 and ended up marrying my US citizen boyfriend, a month before I was due to return home sometime came up and we decided that it would be better for me to stay , so I did. It's taken me forever to get some documents I needed from back home including my birth certificate which I have finally received. I have overstayed  my B2 Visa by a year and 2 months , my husband and I will be ready to file my AOS in the next month as we now have the money and documents I needed , however I received an email yesterday from the US consulate back home informing me my b2 Visa has been revoked , we are extremely worried that I will be deported before being able to file my AOS. Please can anyone advise , we are sick with worry. Thank you

I may be mistaken and someone can correct me if I'm wrong, but there's a 10 year ban for overstaying your visa past 1 year. There's generally also a bar against changing status if you've overstayed your visa.

[mushroomspore 3,043]

Just now, cduran said:

I may be mistaken and someone can correct me if I'm wrong, but there's a 10 year ban for overstaying your visa past 1 year. There's generally also a bar against changing status if you've overstayed your visa.

If OP had left the US, she would have incurred the ban. Since she stayed and has been married to a USC, AoS is available to her.

[Crazy Cat 39,194]

You are out of status and you can be deported UNTIL YOU FILE THE I-485.......at that point, you will have authorized stay while I-485 is pending.

[Celie 793]

2 minutes ago, mushroomspore said:

If OP had left the US, she would have incurred the ban. Since she stayed and has been married to a USC, AoS is available to her.

Gotcha. That part gets confusing. I'm glad there's a solution to it!

 

Thank you!

[Nikki123 1]

1 minute ago, missileman said:

You are out of status and you can be deported UNTIL YOU FILE THE I-485.......at that point, you will have authorized stay while I-485 is pending.

Thank you , but we're still putting our AOS package together , that's why we'll be ready in a month 

[mushroomspore 3,043]

1 minute ago, Nikki123 said:

Thank you , but we're still putting our AOS package together , that's why we'll be ready in a month 

You'll most likely be okay but the sooner, the better.

[Crazy Cat 39,194]

Just now, Nikki123 said:

Thank you , but we're still putting our AOS package together , that's why we'll be ready in a month 

I would expedite the process of getting everything ready......Good luck!

[Nikki123 1]

1 minute ago, mushroomspore said:

You'll most likely be okay but the sooner, the better.

Thank you, we will

 

1 minute ago, missileman said:

I would expedite the process of getting everything ready......Good luck!

Thank you , we will do so

[Boiler 43,401]

Just do it now, does not take that long.

[Nikki123 1]

1 minute ago, Boiler said:

Just do it now, does not take that long.

We will, but what happens if they attempt to deport me? 

[Boiler 43,401]

Normally you would be arraigned to go in front of an IJ who would probably give you the opportunity to file, but best not to go there.

[Nikki123 1]

Just now, Boiler said:

Normally you would be arraigned to go in front of an IJ who would probably give you the opportunity to file, but best not to go there.

Ok, but can they do that in the next 2 weeks or so?

[Boiler 43,401]

Is it likely no, is it possible yes.

 

Why not just get it sent?