So we got Married!! With a Twist!!

[eirasyam89]

So we done everything correctly, we got married within the 90 days but than run out of money to send payment for I-485 and now the Visa expired, it’s been almost one year since expired and now USCIS office’s here in Minnesota have been closed till recently because of the Pandemic and all the other craziness that the whole world is going thru, so now that we have the money to send in for I-485 and Biometric screening we are really scared to send the money and application, any advice?

“If you marry within 90 days, your fiancé(e)—now your spouse—may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status“

There’s also a Big Twist to this too, soon I will post.

[eirasyam89]

So the big twist in this story is that recently my father-in-law passed away and left his private business to us being the only Child we really need to take over the business but stuck here in the States, we been married for over a year the only thing we have is our marriage license, was denied a Minnesota ID because Visa expired, no SS# no two ID identifiers, are we safe to leave will we be denied to travel out of the States or be deported even do we did get married within the 90 days?

We are not coming back to the United States, so we will not pursue the green card or citizenship.

more to come.....I don’t want to overwhelm till I get some advice, Thank You

[newacct]

You can still file I-485 for Adjustment of Status. It doesn't matter how many years you may have been out of status. As the spouse of a US citizen, you are in the Immediate Relative category, and you don't need to be in status when you apply for Adjustment of Status. If you leave the US while I-485 is pending without first getting Advance Parole, you automatically abandon your I-485. Given that you don't want to stay in the US, there is no point to apply for Adjustment of Status.

There are no problems with you leaving the US. The US has no exit checks. As long as you have the documents to enter the destination country, you can leave without problems. Your status in the US is irrelevant to your ability to leave. Note that when you leave, you will trigger a 3-year or 10-year ban (if you leave between 180 days and 1 year after your I-94 expired, you trigger a 3-year ban; if you leave more than 1 year after your I-94 expired, you trigger a 10-year ban). I guess if you do not plan on coming back to the US, this doesn't matter.