can't adjust status --- a-2 visa

[musze007]

i am married to us citizen.
i wanted to adjust status but am told i cannot adjust from a-2 visa without first going through department of state.

department of state says that my a-2 visa is out of status and has been for over 6 years.

what can i do now?

i have not filed i130, and i have not filed i485

i currently live in united states with my wife but we want to initiate this process the best way possible

[hotelier73]

Long process

My understanding about this A-2 visa is that if you want to adjust your status, there is a process, which is followed as under:

You file USCIS Form I-566 to the Department of State (DOS) through your mission

DOS returns the I-566 with a recommendation for approval, then you can file for AOS based on your USC spouse petition, submitted to the USCIS Service Center with jurisdiction over your place of residence.

These procedures are for those Foreign Govt. Officials who have maintained their status. If you are out of status and entered the US on A-2, no matter if you are married to a USC, you will have very hard time to adjust your status. I will suggest consult with an attorney and see what options you might have at your disposal. But I am sure, you will have to do CP in your home country. But if you leave the USA due to staying beyond authorization, you may be barred from re entering the USA. For that you will have to get a waiver.
And please let me remind you that I am not an attorney.

[musze007]

i cannot file i-566 because i am out of status. the only way i can file i-566 would have been if i was in status.
i have already spoken to department of state and they have stated to me that i am out of status.

so the i566 is not an option at this point

[hotelier73]

Exactly!

Yeah, exactly right. That's what I told you in my comments. But you can not adjust your status without filing I-566 first with DOS as it is the condition set forth by the DOS. But being out of status makes it more complicated. What does the DOS says about it? Have you spoken to an attorney yet? Just do a consultation and see what you can come up with. Use lawyer reference website and you can find an immigration lawyer for consultation on very affordable price. I will suggest refrain from filing for AOS for the moment. Try to learn about it as much as possible this way you know your options. And please come back to this forum and add your comments about your experience so it can help others as well.