Marriage via i-130 but have no i-94 card and am in the US.

I have actually done plenty of research, just wanted to add to it thus my post here to see what you fine people had to say.

We dont all have the cash sometimes for attornes Reba, and in this case, I don't. Especially considering how much the costs are for the visa process itself.

I also didnt mean to post the link just to the visa journey website, I was referring to the thread I had going there.

Anyway, thanks for you help.

PS. I have overstayed now by around a 1 year.

Well now I am confused as Reba and Steven think opposite.

The reason why is because we have a differing interpretation of your situation. To me it sounds as though you are a young guy who has overstayed a couple of months, in that case explaining away two months during the interview will be relatively easy as young people tend not to be in full-time employment as much anyway.

If however you're older and have overstayed by a longer period of time then yes, you are going to have problems at the interview because the longer you stay the harder it is to explain the gap in your employment history, which is why I'm saying - leave ASAP. The longer you stay illegally, the bigger this problem is going to get.

We can always find people who've gotten away with things, perhaps the interview officer was being dozy or not paying attention - but you have to assume you're going to get the worst interview officer ever who is a complete stickler for the regulations, in which case you would be screwed if you applied for AOS as things stand now. (And bear in mind, things have gotten tighter over the last few years - someone telling you they managed it a few years ago means nothing.)

Like Reba says, the only way to have even a clue about how you will be treated would be to talk to a local immigration consultant who has dealt with the local USCIS people and knows how they work.

Tony, quite a lot of immigration lawyers will give you an hour of their time for a minimal fee. You don't have to hire them, just talk to them about what your options are for an hour or so.

Hi. I would like to get some information if anyone can. Me and my wife got married in October 2007. And we just apply for I130 in December 2008, and we just got our I 130 approved by USCIS , the problem is that I come to USA without visa,{ just walked to the Mexico Border}. Now we are having hard time because the lawyer told us that I have to leave the country and wait for my visa in my Home country,so we dont know how long it will take for my visa to be ready. At this time we are having trouble to manage the situation because we live with her Mother that is sic and I m the one who take care of her , also her father have terminal cancer and we dont know for how long he will be with us. So for me to leave the country without knowing if I will be allowed to come back and when its difficult and she may not be able to survive this situation without me on her side. If anyone know anything that can help please let us know.
We appreciate it very much.

Carlos and Kelly

Why didn't you also send in the adjustment of status forms I-485 and I-765 etc etc? Why just the I-130?

Had you done it all together, you wouldn't have to leave.

There is some sort of hardship waiver if IIRC, but not sure if you could get one in this situation. I assume you're using the California Service Centre and they seem to have gotten a bit quicker with marriage-based apps, plus the I-130 is already done, so you're looking at a few months.