Will I have to go back to my country to apply for new visa status?

I came to US (08/2005) legally on J-1 visa and I-94 D/S..without the 2 years rule of coming back to original country.
I then received I-20 for college (for period of time from 06/2006 to 12/2008) (and I was applying in process to adjust status from J-1 to F-1).
But I didn't take enough credits in college so I was out of being in status as requirement for F-1 holder.(from 12/2006 till then)
Further more, I had a baby on 03/2007 (my 2 year old child is documented US citizen)...so from then on, I completely staying in US out of status.
Now, me and my boy friend _US citizen get married and want to file paper for me as either fiance/or wife...
So, my Questions are:
(worst case)_Will I be departed if I am found out to stay in US illegally (out of status)?
_ Will I have to go back to my country while we filing the paper works?
_Will I have the chance to get approved for visa/green card once I overstay in US as now?
Please give me any of your advices.I'm desperate to hear back from you guys.
Thanks so much

anonymouse

You can apply for adjustment of status as long as you do not leave the US for any reason. You will need to file the Supplement A to the I-485. It's basically an application for a waiver of the grounds of deportation against you. It costs an extra $1000. You need to do this as soon as possible. It is also very important that you have no errors or omissions in your paperwork. You might want to retain the services of an immigration attorney too.

Family unity is a big thing these days so I wouldn't be too worried about deportation once you actually file the appropriate paperwork. Hopefully your spouse makes enough money to support a family of three under the current guidelines. They are found in form I-864P.

If you leave the US you will have to apply for an immigrant visa at a US Consulate/Embassy and file a W-601. It is an application for the waiver of grounds of excludability. Your biggest grounds of excludability are probably unlawful presence greater than 365 days (10 year ban an admission) and probably public charge (unless you have not accepted any public assistance at all, including medical care, since you entered the US.)

If you get your papers filed, I don't think they can deport you unless the application is denied. If your application is denied they will certainly place you in removal proceedings. This question should probably be asked of a competent immigration attorney also.

MD2be

As long as you got here legally you can apply to adjust status.

Juan

if you entered legally you cant apply, bt make sure you dont leave the country.

ryladie99

You are all right at this point.I urge you hire an immigration lawyer to file a paper for you and if you do not have money then ask the law library clerk to find any Pro Bo no lawyer to help for free. Any law library in your area can advice you. Do not panic because, you marry to an American citizen and have a citizen born child. Make sure you have all documents and give the lawyer your information accurate, I am sure thing will be fine.. No one will deport you if you do it with a lawyer. Good luck and I wish you well. Thank you for asking this question and file the paper quick.

sweet P

I would like to know if am married to my fiancee who is a US citizen, and me being a J-1 (student visa) will i have to leave the states for the Paper work to go through or i can still be there while the process goes on? Please let me know as much as possible thank you.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: