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Between a rock and a hard place regarding Adjustment of Status

Sacramento, CA |

I married my husband before my F-1 status ran out (nearly two years ago). I didn't know at the time that he hasn't filed taxes for the past 6 years. It doesn't look like he is going to do anything about it either now or in the future.

I know about all the forms, about getting co-sponsors etc., I know he needs to sort himself out but that isn't going to happen.

My problem is what on earth can I do about staying in the US if my husband has been so irresponsible and none of it is my fault.

Attorney Answers 3

  1. What is your problem? If he is a US citizen, I do not see what the issue is other than having a co-sponsor.

    This answer is for informational purposes only and should not be construed as legal advice.

  2. If your husband is a USC, you can "overstay" your visa without penalty (be extremely careful, and discuss your overstay with a qualified immigration attorney). However, before you file for an adjustment, he must sign the affidavit of support, which MUST include his latest federal income tax return (or IRS transcript), unless he can prove he is not required to file a tax return.

    The answers provided should not be considered legal advice. They are for general information only. It is always recommended you consult with an attorney prior to taking any action.

  3. Divorce him and move on with your life.

    Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

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