QUESTION
Can I still stay in the US or will I be deported?
Asked on Oct 01st, 2012 on Immigration - California
More details to this question:
My fiancé’s visa is about to expire in 13 days. I got married. Financial problem so we cannot adjust my status. Can I stay? Can I still stay in the US or will I be deported?
6 ANSWERS
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
If you stay, you are subject to removal if arrested. However, you may file a late adjustment. You will be out of status during this time and are at risk. You should file your Adjustment of Status as soon as possible. You also cannot travel outside the U.S. and return. If you wait too long and leave, you may be barred from re-entering. You should review this with an attorney.
Answered on Oct 04th, 2012 at 1:16 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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As long as you were married within 90 days of your entry, you are still eligible to apply for adjustment of status at a later time even if your visa or authorized stay has expired. However, until your application has been submitted, you will be considered out of status and subject to arrest and deportation.
Answered on Oct 04th, 2012 at 1:05 AM
Rebecca T White
I am not clear on your situation: Have you entered the US on a fiance visa, which will expire shortly, and have married, but now do not have the funds for the adjustment application? If that is the case, and you anticipate having the funds to file for adjustment of status in the reasonably near future, you can stay and file for adjustment after the expiration of your visa.
Answered on Oct 04th, 2012 at 12:46 AM
You can stay as long as you got married. As far as adjustment of status, however, you can get a joint sponsor if your spouse. Income is not sufficient.
Answered on Oct 02nd, 2012 at 1:44 PM
Criminal Defense Attorney serving Providence, RI
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The Law Office of Susan Pires
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You can stay. File when you have the money.
Answered on Oct 02nd, 2012 at 1:40 PM
You need to adjust status or you risk accruing unlawful presence once your I-94 card expires. Once you hit 180 days of unlawful presence you are subject to a 3 year bar, at one year you are subject to a 10 year bar.
Answered on Oct 02nd, 2012 at 1:36 PM