What is the worst that can happen?

[Jammin]

What is the name of your state? GA

What's the worst that can happen to me and my case, if I have a pending I130 case that was filed through my PR Spouse - and I have overstayed far more than 180 days - with the thinking that I will stay until my Spouse becomes Naturalized ? Will the naturaliztion help me then or will my case by beyond help at that time?

 

[phwl]

You need to give a little more information. Such as did you enter the US legally, were you in/out of status when you got married. If so (and I am assuming here) then you can stay while your application is pending. Your PR spouse does not need to be naturalized as a citizen first. Did you submit all of the other forms too?

 

[Jammin]

Answering..

GA

Yes - I entered legally on a F1 visa. Been out of status for 4 months now.

Yes - I was in status when I got married.

The only form we could submit was I130 - being my spouse is only a PR. This was filed in Nov 2002.

I know that if a citizen marries an illegal alien - then it helps the alien in some way or another - what I am more concerned with is the fact that I am ALREADY married - so will USCIS treat the situation the same?

 

[Jammin]

to phwl

Phwl can you help me, please? i answered the questions you had asked.

 

[phwl]

If your spouse was a US citizen, then yes, it would be easier in that you would not have to wait for a visa to become available, whereas if you marry a lawful permanent resident, you would fall into preference category #2 and would have to wait. So far, you did everything correct. You need to wait until a visa is available (times can vary) and once one is available, you can submit the I-485 to adjust your status. You are technically legal here while your case is pending.
Since you overstayed, you should not leave the country (even with authorization to do so) because you could and probably will run into problems (be denied entry) when you try to re-enter the borders. If you can, stay inside the country until you adjust your status.
Try calling the service center to check the status of your application, or do it online if you have an A number assigned to you.
Obviously, if you do anything stupid, you will give them a reason to deny your application, so the key here is to stay put and keep your nose clean.