Kittyfang wrote:Accually, I did research. Me being here pass the 6 allowed months (and married) means that I am out of status. Yes, it is illegal, however, that is what the AoS aims to correct.
As for Mexicans, as you mention, well, never mind the blatant racist bias, but yes, some do use AoS as well.
AOS probably won't happen in this situation due to the length of the overstay. If you'd applied back when you got married then a few weeks over six months wouldn't have been an issue - you entered with non-immigrant intent, you developed immigrant intent, you filed the paperwork. However you have now had immigrant intent for years, and knowingly overstayed. You need to talk to a lawyer, really.
You will be facing a lengthy ban if you leave and try and re-enter, I suspect the lawyer will suggest filing an I-192 and asking for a waiver, but that usually means leaving, and then you would apply for the waiver and also for an IR-1 visa at the same time which requires sponsorship by your spouse. This takes 7-8 months if you're lucky under normal circumstances, with a waiver application it will take longer and you may get turned down obviously.
Steve.