Do I have to use CP?

[delman]

I have an approved I130 based on marriage to a permanent resident alien. I entered the U.S. lawfully on a b1/b2 visa. I lost my I-94 but I assume I have overstayed the date on my I-94 -- my b1/b2 visa does not expire until 2010. Can I file for AOS or must I use CP. If I use CP will I have a problem if I leave the US? Is there anything I should look out for? Thank you.

[PraetorianXI]

How long have you overstayed? When did you enter the US? What is your priority date?

[delman]

My date is now current. I've overstayed for years. I originally entered in Spring, 2001.

[PraetorianXI]

You CAN NOT, leave the USA. If you do you will trigger a 10 year ban from returning.

You need to consult with an attorney for this situation. Your overstay is not necessarily forgiven, because your wife is not an US Citizen.

You need to go through AOS.