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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

Question:...A friend of mine boyfriend is here in the US and he overstayed on his visitor's visa for over 2 years...they are planning on getting married and she wanted to know what obstacles she might have to overcome for him not to get banned...since i am in this process i know that she will have to fill out the I-130 but she is suppose to fill out the i-485 as well correct???....If anyone can give me the run down or play by play on what she would have to do that will be highly appreciated....I thank you..... :thumbs:

NVC Journey Total days: 75

04.09.2008: Case# assigned

05.12.2008: DS230 Entered into System

06.18.2008: Case Complete (So upset that it took this long 37days)

US Embassy:

10.29.2008: Interview Date Assigned

11.17.2008: Medical Appointment

12.03.2008: Interview Date (FINALLY!!!)**APPROVED**

12.08.2008: Visa Delivered

12.21.2008: POE JFK

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Depends. . . if he entered on the visa and overstayed and it still here in the states, then they can get married and then file the I-130/I-485 packet just like you did. As long as there is no order of deportation and they can prove a valid relationship, the overstay is forgiven after marriage to a U.S. Citizen.

If he was outside the U.S. they would have to file a waiver, which would add a considerable amount of time to the processing.

If he is in the U.S. the MOST IMPORTANT THING is that he not leave the U.S. while his paperwork is processing. If he exits the country he incurs a 10 year ban that they would have to file a waiver for.

Edited by emt103c
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