Here is my case:
I have a F1 student out of status since 1998 (came in 1996). Got married in 2005 with a permanent resident, got i-130 approved in Feb 2011, file AOS in June 2013 after my visa was available. My wife has been eligible since May 2013 for her citizenship. She just did her n-400 fingerprint on Nov 29, but we went ahead sent the application. October 16, 2013, I went to the interview, everything went fine, the computers were down, the officer said it was an easy case ) and approved the case on the spot and said she will update when computer come back up and send me the GC. Next thing we know she calls in the next day, and tell my wife she will have to denied the case because I am out of status . So i just got a letter denying the case,30 days to depart the US. What should I do?
Bona fide marriage to a U.S. citizen generally allows for adjustment of status in the U.S. barring certain exceptions such as initial undocumented entry to the U.S., or entry in certain classes such as C/D or entry in K1 and not marrying the sponsor, etc. Please consult with an immigration attorney.
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