Passport expired, Filling I-130 & I-485?

Question

I have expired Taiwan passport w/valid F-1 visa & I-20.

I couldn't get my TW passport renewed because TW government wants me to finish the mandatory military service for 1.5 years.

I had been in US for 9 years since high school and now just got married to a US citizen wife who was also originally came from TW.

I'd like to ask if we file I-130 & I-485, will it be problem my TW passport is expired?

I m applying Adjust of Status and have valid F-1 visa (expired 2009).

I am not sure if it will be problem when I applied for AOS and PR.

Will USCIS only care about my valid F-1 visa or my TW Passport which was expired in 2006?
(The F-1 visa is stamp in the expired TW passport)

Please someone who has similar experience and knowledge to help me.

Thank you

Answer 1

USCIS will care that you have been in legal status for the past nine years. They will NOT care that your passport has expired - that is pretty common since many countries can't or won't renew their citizens' passports overseas - they will only care that you have one at all, and that you were legal in the US for all the time you were there. If you read the I-485 filing instructions, you will see that they want to see a copy of your passport: if it had to be a current, valid passport, they would have so specified.

Answer 2

Sounds like you going to be in quite the pickle. The US will not protect you from foreign obligations and you are not event eligible for citizenship until three years after being married to a US citizen, so my best advise is to either join the US military or finish you foreign service.

Answer 3

you're unlawful.. and now married. if to procure married thinking that would "restoration" your overstay problem you're incorrect. i think of you in all possibility greater effective touch an immigration lawyer because you're illegally right here. Overstaying, and then getting married ought to get you banned from the US.