Questions about AOS when Spouse had an Overstay

[tnw 0]

Hey all : )

A friend of mine recently got married to a guy from Africa who had an overstay so he's been here "illegally" for awhile.

Now that they're married, she knows they can file for AOS but what else do they need to do to support their reason for filing it.....if anything? Should they also be filing the I-130 since he is technically her spouse/ relative or are there other forms they should also be filing because of the overstay etc. She was a little concerned about filling out the Affidavit of Support because they know they're going to need a joint sponsor.

Does it matter that the joint sponsor doesn't live with them or is that a red flag for USCIS? Any info I can give them would be helpful. I'm sure lots of people have done all of this before but I just want to point them in the right direction. LOL

PM me or write back if you have any suggestions about where they should start.

[YuAndDan 153]

Depends on what type of visa was used to enter the USA, certain visas cannot be adjusted from like a Crewman's visa.

As long as the person entered the USA legally and still has their I-94, they should be able to adjust status based om marriage to a US citizen.

They need to attach an I-130 to the I-485 to base adjustment of status. I-485 has "A" checked.

Guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

[SupportOAFJF 0]

No, it doesn't matter if the sponsor lives outside of the home

[Carlos and Jocel 2]

YUP, as long as he is here legally there should be no problem. But if he is here for student visa, tourist visa, then he married you or you married him... it will raise a RED FLAG ... you should know what visa he used to be here.

[MargotDarko 0]

No, it doesn't matter if the sponsor lives outside of the home

Right. The only difference is that he/she would fill out the I-864 as a joint sponsor rather than filling out a I-864A.

[SupportOAFJF 0]

YUP, as long as he is here legally there should be no problem. But if he is here for student visa, tourist visa, then he married you or you married him... it will raise a RED FLAG ... you should know what visa he used to be here.

I would agree, but I have seen other ppl get thru no problems with a student visa

No, it doesn't matter if the sponsor lives outside of the home

Right. The only difference is that he/she would fill out the I-864 as a joint sponsor rather than filling out a I-864A.

[tnw 0]

Depends on what type of visa was used to enter the USA, certain visas cannot be adjusted from like a Crewman's visa.

As long as the person entered the USA legally and still has their I-94, they should be able to adjust status based om marriage to a US citizen.

They need to attach an I-130 to the I-485 to base adjustment of status. I-485 has "A" checked.

Guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

Yeah, that's what i thought too. I knew they needed the I-130 and she said he has his I-94, english translated birth certificate, police report etc. so that's good.

I'll click on the link and print out the info for her about the I_130 and I-485 etc.

Thanks for all your help!

No, it doesn't matter if the sponsor lives outside of the home

Thanks Kimmy, I'll be sure to give her that info too cause she was worried that they don't "technically" live with the sponsor.

I think she spoke to the person who's doing the joint sponsorship too.