I am married to a US citizen, we were going to apply for adjustment of status but things changed. Now i am out of status.

Asked about 1 year ago - Atlanta, GA

I came here as an international student. I did OPT which finished. I got married to my US citizen girlfriend while i was in status. We were going to file for adjustment of status but now things are not working out well between us. Now i am 5 days out of status because my 2 month grace period after OPT has ended. What can i do if we dont apply for adjustment of status? if i go home, will i be barred from the US because of over-stay? is there anything i can do so that i am not punished? please help me, please.

Attorney answers (5)

  1. David Nabow Soloway

    Contributor Level 17

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    Answered . Sorry to hear that your relationship with your fiancee is not working out well. Having overstayed your visa, it is impermissible for you to remain in the U.S. or to apply within the U.S. to change status (to another nonimmigrant visa) or to adjust status (to become a Permanent Resident with a "Green Card") -- with the exception of being able to adjust status within the U.S. if based upon marriage to a U.S. citizen. Generally, someone who overstays a visa by 180 days or more becomes subject to a 3-year bar to re-entering the U.S. and someone who overstays by a year or more becomes subject to a very harsh 10-year bar.

    As mentioned in other responses, if you are unable to resuscitate your relationship, perhaps with the assistance of a couples counselor, and then file a marriage-based adjustment of status case, you will face increasing risks and potential problems by remaining in the U.S. It would be wise to engage an immigration attorney either to assist you in going forward with a marriage-based application or in exploring other eligibilities for a future application.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . Unless things can be worked out between you two and you are able to get married and file for AOS, you better pack and head back home. There will be no "punishment" for you if you don't overstay 6 months or more, but of course, the more you overstay, the more difficult it will be to convince the US consulate overseas to issue you a visitors visa with which to one day come back to the US. You always can, of course, find an other USC girl friend who will be wiling to marry and sponsor you for a GC. But it better be a genuine marriage, not entered into solely to procure you a green card.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Alexus Paul Sham

    Pro

    Contributor Level 20

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    Answered . If your wife will not file for you, it is best to leave the US as soon as possible. You should hire an immigration attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  4. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Go to marriage counseling ... or go home.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  5. John K Lassen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Best to speak to an immigration lawyer

    www.Low-Fee-Immigration-Lawyer.com

    John Lassen 1-877-252-4630

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Adjustment of status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

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