Overstay question
I am married to a US citizen and we have been married almost 3 years, living in Australia for the past 3 years. We recently came to the US to reside, being told that I could enter on the Visa waiver program then file here.
At customs were told that wasnt correct but they allowed me in on a Paroled status with an expiry date of 31st Dec 08. The reason for this parole was so I could lodge my AOS paperwork and the I-130 application from my husband.
What I need to know is, we have had some trouble getting all the money needed for this as the medical costs were quite high as my son is with us and he needed a lot of immunisations and it took some of the application money.
Anyway we are only now sending off the applications but my parole expires in 3 days.
What will happen after that date? Will they come and deport me & my son?
We will be sending off the applications tomorrow but we are worried something will happen in the meantime.
I do not want to leave my husband and my son has autism and could not handle the flight back again as he had a seizure coming here.
If anyone can help me it would be appreciated.
Thank you
What will happen after that date? Will they come and deport me & my son? Once your I-485s are received by USCIS you remain legally present in the US until they are adjudicated.
So even if we are out of status for a little while we are ok once they receive the AOS?
oh thank god... my husband is so worried we would be taken away!
So even if we are out of status for a little while we are ok once they receive the AOS? Yes. Filing based on marriage to a US citizen means that you are legal once the I-485 is received.