out of status and marriage

[soraya]

Please help me, I need good idea and solution.
I am visa B2 holder, in US. My doughter is with me, she is 8 years old and she has B2 visa too.She is from my first marriage. We arrived to US in july of 200.
Our I-94 are expired in januar of 2008. We applied for extension our staying.
USCIS denied our I-539. We got 30 days for depart. So, we are out of status now.
I married here on 04.10.2008.My husband is R-1 visa holder. His R-1 visa is valid until 2010. We would like to live together in US. My questions:
1. There is any way to adjust our status in US or we have to travel home and apply for R-2 visas?
2. My daughter from my first marriage is eligible for R-2 visa?
3. My daughter goes to public school here. Is it problem?
4. Can we get R-2 visas altough we were out of status? (within 120 days)

Thank you in advance your answers.

[peace]

The only way to adjust status if you are out of status is through marriage to a US citizen.
Since you are married to an R1, you cannot adjust status.
Even if you stay illegal in US and your husband receives a green card in future, you will not be able to adjust status.

I suggest you leave US before your out of status period is 180 days.

*If your out of status period is more than 180 days they will not even give you an R2 at the embassy because you will incur a 3 yr ban to any kind of visa.

*If your out of status period is more than one year you will incur a ten year ban to any kind of visa.

Yes, your daughter is eligible for an R2.
Public schooling is not a problem.

Before traveling home , talk to a good attorney.

[soraya]

Dear Peace, thank you for answers. We will leave US in time. Our out of status period is 115 days.
Soraya

[peace]

*Keep a copy of your I-94s before depositing with the airline.
*Save your boarding passes and your passports to prove at a later date the date of your departure.

[soraya]

*Keep a copy of your I-94s before depositing with the airline.
*Save your boarding passes and your passports to prove at a later date the date of your departure.

Hi Peace, thank you for your advice again. Consul asked our boarding passes. We got R-2 visas.
Soraya

[PraetorianXI]

Hi Peace, thank you for your advice again. Consul asked our boarding passes. We got R-2 visas.
Soraya

Congratulations. Make sure you still keep that evidence, including when you show up at the POE in the USA.