Laid off while on H1b, but married to a us citizen. am i out of status?
Hello-
two weeks ago, i found out that my employment is being terminated. Since I married a US citizen 6 months prior to that, we immediately filed for a greencard through marriage and submitted everything before my termination date. sadly though, we used an expired form (i130) and the whole package was sent back with a rejection notice. we then used an updated version and sent everything back on the same day, but by then, i had already been laid off (last day was 10/15 and i received the rejection notice on 10/20). All of the form had been stamped by uscis with a date, which was prior to my lay off date. but i am just really worried, that i am now out of status. also, i submitted form i485...now that it was initially rejected (because of the expired form in the package), does that mean i do not qualify for a status adjustment anymore? i dont know what to do. i dont have enough money to pay for an immigration lawyer. any suggestions?
The difference is only 5 days, and you did submit the application. I dont think they would make that a huge deal. I saw some cases that people overstayed - worse than your case, but they are forgiven. Just my 2 cents.
since your spouse is a USC, your overstay will be forgiven.
Relax. You are fine. You are adjusting status based on marriage to a US citizen. Nothing to worry about.
does that mean i do not qualify for a status adjustment anymore? i dont know what to do. i dont have enough money to pay for an immigration lawyer. any suggestions?