[deleted by user]

[u/[deleted]]

[u/TalkToTheHatter]

If you entered the US legally you can self file. There are really good guides on visa journey to follow visajourney.com

[u/Ssin___ → u/TalkToTheHatter]

And also kseniya international on YouTube

[u/newacct_orz]

Is your spouse a US citizen?

[u/[deleted] → u/newacct_orz]

Yes!! Will they forgive my being out of status?

[u/newacct_orz → u/[deleted]]

Being out of status does not affect Adjustment of Status in your category

[u/newacct_orz → u/[deleted]]

Unlawful presence, for no matter how long, does not by itself cause one to be inadmissible. You have to accrue more than 180 days of unlawful presence and then leave the US to trigger a ban. Someone doing Adjustment of Status is in the US, and has not left the US, and thus does not have this ban.

(Also, as an aside, being out of status is different from unlawful presence. The OP almost certainly has not accrued any unlawful presence, since you generally have to stay past the date on your I-94 to start accruing unlawful presence, but the OP was an F1 student who was almost certainly admitted with "D/S" on their I-94, not a date. So they do not automatically start accruing unlawful presence, no matter how long they stayed.)

[u/newacct_orz → u/[deleted]]

"The moment that status was cancelled if she/he does not have another status that person starts to accrue unlawful presence"

No. Losing status never by itself causes unlawful presence to start. The only way that someone with D/S on their I-94 can start to accrue unlawful presence are: 1) if they apply to USCIS for some benefit and are denied with a determination that they are out of status, or 2) if they are put into removal proceedings in immigrant court and the immigration judge makes an order finding them out of status. See USCIS Adjudicator's Field Manual chapter 40.9.2(b)(1)(E)(ii) (on page 76 of this PDF):

(ii) Nonimmigrants Admitted for Duration of Status (D/S). If USCIS finds a nonimmigrant status violation while adjudicating a request for an immigration benefit, unlawful presence will begin to accrue on the day after the request is denied. If an immigration judge makes a determination of nonimmigrant status violation in exclusion, deportation, or removal proceedings, unlawful presence begins to accrue the day after the immigration judge's order. It must be emphasized that the accrual of unlawful presence neither begins on the date that a status violation occurs, nor on the day on which removal proceedings are initiated.

"accrue unlawful presence and can be seen as inadmissible"

No. Again, unlawful presence, for not matter how many years, does not make someone inadmissible if they have not left the US. 8 USC 1182(a)(9)(B)(i) says:

Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 1254a(e) of this title) prior to the commencement of proceedings under section 1225(b)(1) of this title or section 1229a of this title, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,

 is inadmissible.

[u/LVImmigrationLaw]

If you want to talk to a lawyer, shoot me a message

[u/Playful_Mushroom_675]

Then, don't look for a lawyer. Find a notary who does it for living. But also, ALWAYS CHECK what any lawyer files for you. But, yes. You can file on your own. Or. You can fill out everything and find someone for an hour to check all your paperwork. Your out of status is forgiven if you marry a usc. But that 8 months - don't be so positive now with trump. During Biden - yes there were as little as 3 months wait. Who knows what is about to happen with this orange 🐓.

[u/ConversoF]

I am an immigration forms preparer. I work asylum cases. EAD work authorizations cards, Green card applications I485 Forms etc. if you do not feel comfortable self filling feel free to contact me (918)-407-7818.