Out of Status AOS filing

[moody]

I entered the US legally on a k1 visa in 1997. I married a US citizen within 90 days. Due to various reasons no AOS was filed. I'm now looking to file an AOS and I have several questions.

1) Since I've been out of status a long time how does that affect my AOS filing?

2) My passport has expired. I need a valid passport to get my medical exam for the I-485 but my expired K1 visa in in the expired passport. Will applying for a new passport affect my AOS filing?

3) Is there anything else I should or need to do?

Right now the fear of being made to leave the US is paralyzing to the point I'm not sure what I need or can do to rectify the situation or even if I can. Any help would be appreciated!

[hotelier73]

More info?

And the reason/s you waited this long??

[moody]

And the reason/s you waited this long??

No 'good' reasons. Mostly financial, confusion, and fear.

[hotelier73]

Depends

If you married the same K1 sponsor, then you were supposed to get married and file for AOS within 90 days of arrival. Few weeks up and down after the marriage have not caused any problems to AOS applicants under K1 visa. If you married a different US citizen, then your K1 visa becomes invalid. 12 yrs is a long time. You have spent a whole part of your life here now. There might be some options available to you, depending on your own unique circumstances, which you might not want to discuss in the open. Best advice consult with an attorney. As far as your passport is concerned, you must get it renewed no matter what. There should be no excuse for it. As you are out of status with an expired passport, if you are picked up by ICE, you would be in for lot more trouble than you can imagine. I don't want to scare you off, but don't keep on making mistakes on top of another.