Out of status (F-1) but married to a USC.

Asked over 1 year ago - Santa Rosa, CA

I married a USC last year but as yet we are unable to do the AOS due to money concerns. The USCIC know my address. Would this be a priority for USCIC? I am law-abiding, do voluntary work and am supported by my husband.

Attorney answers (7)

  1. Carl Michael Shusterman

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    Contributor Level 20

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    Answered . File your I-485, and there will be no problem.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
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    (213) 394-4554 x0
    Web: www.shusterman.com (English)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

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    Answered . You are a "small fish" for USCIS.. I don't think it'll want to bother with the "immediate relative" of a USC.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. J Charles Ferrari

    Contributor Level 20

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    1

    Answered . Only ICE can make a decision as to how to prioritize its cases.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Kyndra L. Mulder

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    Answered . You are not a priority concern so it is unlikely. I suggest your wife at least file the I-130 as that is evidence that you are the immediate relative of a USC.

  5. Irene Vaisman

    Pro

    Contributor Level 20

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    Answered . what do you mean priority? can they put you in removal proceedings, sure. will they, that is a different story.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  6. Stephen D. Berman

    Contributor Level 20

    4

    Lawyers agree

    Answered . Some offices are more zealous than others about going after people who fail to maintain their student status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  7. Anu Gupta

    Pro

    Contributor Level 19

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    Answered . I dont think you are a priority. You should file for your green card through your spouse. If you have money concerns, feel free to call my office. We sometimes help people file by themselves for a reduced fee.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

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