i came to the us as a visitor in october and got married to my bf who is a US citizen in january he later filed an i130 petition for me in march we got a reciept from the uscis saying it was recieved can i go ahead and file i485 without hearing from them or anything as i am just finding out that i am the coutry illegally
In most cases, if you enter the U.S. and were inspected and admitted, and marry a USC you should be able to adjust your status to a LPR even if you overstay your authorized stay in the U.S. Seek immigration counsel to make sure your are eligible and not inadmissible for any reason.
You should consult an immigration lawyer immediately and review your case in detail. You should have been able to file the I-485 concurrently with the I-130 inasmuch as visa numbers are immediately available to spouses of U.S. citizens. You are likely not unlawfully present in the U.S. However, you do not have status and you are a "visa overstay". You can still adjust status to LPR (permanent resident). However, a lawyer would be interested in how quickly you got married after entering the U.S. on the B1/B2 visa. You may undergo additional scrutiny from USCIS if you got married too soon. Best bet - schedule a consultation with an immigration lawyer.
Get free answers from experienced attorneys.
25,134 answers this week
2,662 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary