My fiancé visa is about to expire, I got married here in the U.S. but failed to adjust my status. Am I going to get deported?


Q: I came here in the U.S. through fiancé visa. I got married with the guy but until now he has not applied for my adjustment status. I sense he has no plan to apply for it because we are not in good terms. I gave birth to a baby already. If my status will not be adjusted and my visa expired, am I going to be deported? What about my baby? I don’t want to leave her here.

A: You can file I-485, adjustment of status yourself.  Now if you have been in the US for too long, likemore than 6 months, CIS may deny your application and in that case, you would need your USC spouse to file I-130 and I-485 together. Consult with immigration lawyer for advise.