Neslihan

I came to USA as an Au Pair, for 1 year, on Nov.18 2002 with J1
visa(Two year rule does not apply).. My return flight was on Dec. 15.
2003 arranged by the Au Pair agency, but I stayed and I am about to
get married.



On the Form I-485, it says "you are not eligible for AOS if your
authorized stay expired before you filed this form"



So, if I get married and apply INS, are they going to refuse my
application right away, because I'm out of status?



Thanks for your help in advance..



Neslihan

Andy Platt

If you are adjusting status based on marriage to a US citizen, you can still
adjust even if you overstayed your entry.

Andy.

Neslihan

Originally posted by neslihan

    > I came to USA as an Au Pair, for 1 year, on Nov.18 2002 with J1
    > visa(Two year rule does not apply).. My return flight was on Dec. 15.
    > 2003 arranged by the Au Pair agency, but I stayed and I am about to
    > get married.


    > On the Form I-485, it says "you are not eligible for AOS if your
    > authorized stay expired before you filed this form"


    > So, if I get married and apply INS, are they going to refuse my
    > application right away, because I'm out of status?


    > Thanks for your help in advance..


    > Neslihan



My fiance is an US citizen..

Neslihan

Originally posted by Andy Platt

    > If you are adjusting status based on marriage to a US citizen, you
    > can still

    > adjust even if you overstayed your entry.


    > Andy.


    > --

    > I'm not really here, it's just your warped imagination

    > "neslihan" <member18985@british_expats.com> wrote in message

    > news:"]news:1144589.1073058-
    > [/url]...

    > > I came to USA as an Au Pair, for 1 year, on Nov.18 2002 with
    > J1

    > > visa(Two year rule does not apply).. My return flight was on
    > Dec. 15.

    > > 2003 arranged by the Au Pair agency, but I stayed and I am about
    > to

    > > get married.

    > > On the Form I-485, it says "you are not eligible for AOS if
    > your

    > > authorized stay expired before you filed this form"

    > > So, if I get married and apply INS, are they going to refuse
    > my

    > > application right away, because I'm out of status?

    > > Thanks for your help in advance..

    > > Neslihan

    > > --

    > > Posted via http://britishexpats.com/"]http://britishexpat-
    > s.com[/url]





Thanks for your help..

On the same form, they want me to indicate my "Current INS Status".. How
should I respond to these kind of current status questions?

Andrew Defaria

neslihan wrote:

    > Thanks for your help..
    > On the same form, they want me to indicate my "Current INS Status"..
    > How should I respond to these kind of current status questions?

N/A? :-)

That's a joke. There is no more INS (they are now the USCIS) hence INS
Status is no longer applicable). USCIS Status? Now that's different!

Somehow I don't think they'd get the joke nor would they like it if we
were to get as picky as they are allowed to be.

Sorry, not sure what you should put.

Fcdeliu

Originally posted by neslihan

    > Thanks for your help..

    > On the same form, they want me to indicate my "Current INS Status"..
    > How should I respond to these kind of current status questions?
    >



Overstayed visa, for less than 6 months, would be what I put.

Neslihan

Originally posted by fcdeliu

    > Overstayed visa, for less than 6 months, would be what I put.



Thanks for help but, appearently, no one could give me the right answer
for my USCIS status question.. So we HAVE TO see a lawyer?

It is so sad that we are not able to fill those forms on our own without
paying to the professionals..



Neslihan

Hypertweeky

Originally posted by neslihan

    > Thanks for help but, appearently, no one could give me the right
    > answer for my USCIS status question.. So we HAVE TO see a lawyer?

    > It is so sad that we are not able to fill those forms on our own
    > without paying to the professionals..


    > Neslihan



Hiring a lawyer is worth it.. specially in tricky situations like this
one.. sorry girl.

Neslihan

Originally posted by Hypertweeky

    > Hiring a lawyer is worth it.. specially in tricky situations like this
    > one.. sorry girl.





Of course, a lawyer is worth it, and, we will go to one.



However, it shouldn't be that tricky to learn how to reply a status
question if you are out of it..



Is getting a lawyer going to change my status situation?



Thanks for all responds..



Neslihan

Tracy And Dave

Originally posted by neslihan

    > Is getting a lawyer going to change my status situation?

    > Neslihan



No. Filing the forms after you get married will *help* change your
status. Going back to your native country and receiving a new visa will
change your status.



Seeing a lawyer is the best idea, but just hiring a lwyer won't change
your status.