I'm out of status since 11/2009. I'm getting married this week and going to file I130, I864, I485, I765, G325A next week or so. Do I need any other type of form in my out of status case? I did some research and found one said that if I am over 6 months but less than 12 of out of status, my visa is still available. Or I am already out of status no matter how long?
You don't say that your intended is a U.S. citizen, which would be required to file for an adjustment of status. Fortunately, spouses of U.S. citizens may apply for adjustment of status notwithstanding a violation of nonimmigrant status or unauthorized employment. If you file everything properly before you have accrued 181 days of unlawful presence in the U.S. you would not trigger an unlawful presence bar if you were to depart the U.S. prior to obtaining your lawful resident status. I can't really advise whether there are other forms you should be filing, since each case is somewhat different. You should consult with a competent immigration attorney if you have any doubts.
Scott D. Pollock
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Assuming that you are marrying a US Citizen and you file the application, you will not be in status but you will not be in an unlawful status either. Once you file the application (specifically the I 485 that you mentioned), you will not be in status but Immigration does not consider you out of status either. They stop counting the number of days that you are technically out of status. If the application gets denied, they will start counting the days again.
Assuming your last entry was legal, using your F-1 visa and you are marrying a US Citizen, you do not really need to worry about the time that you were out of status. It only applies if you leave the United States and have accrued over 180 days out of status.
Having said that, you might still want to meet with an attorney to make sure there are no other reasons not to apply or to assist you with the paperwork and the interview. Interviews are a little more intense if you were married less than two years at the time of filing. Good luck.
Disclaimer: This answer does not constitute legal advice, and should not be relied on as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Workers' Compensation Lawyer
My colleagues are correct. Don't forget to submit the medical exam and all the necessary fees. Make copies of everything and make sure you get a receipt from USCIS within approximately 30 days.
Nikki Mehrpoo Jacobson
Jacobson & Han LLP
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