Hi..I came into the US on a b1/b2 visa on Jan 20th 2012...i got married to LPR on March 2nd 2012 and he filed form I130 at the e

Asked over 1 year ago - Dallas, TX

Hi..I came into the US on a b1/b2 visa on Jan 20th 2012...i got married to LPR on March 2nd 2012 and he filed form I130 at the end of March 2012. My I94 stated that I had to leave in July 2012...but I have since overstayed my visa ( visa expires in 2020). I do not work because I dont want to get into trouble , so I am a housewife and my husband supports me. It is now Jan 2013....How can he claim me on his taxes if he can?....married filing Jointly or does he just continue to claim HOH... We have no kids together but he has custody of 2 kids from a prev r'ship who live with us full time. I do not have a SSN or ITIN.

Additional information

Also...how long does it take for the I130 to go through?....the Service Center i'm assigned too estimates on the USCIS site says 15 months ....if thats true , it should be around June 2013. My status has been on ' Initial Review ' since March 2012

Attorney answers (1)

  1. Shah Iqbal Nawaaz Peerally

    Contributor Level 19

    Answered . Tax is probably the least of your worry on this case. Unless your spouse becomes a US citizen, you might not be able to adjust. Since it seems 180days have passed sine the expiry of your I-94, you are in a very tricky situation. Talk to a good lawyer immediately and do not leave the country unless you talk to a lawyer, you might be barred from coming back.

    Shah Peerally, Attorney at Law http://peerallylaw.com Phone (510) 742 587 President of Shah Peerally Law Group... more

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