Overstaying tourist visa.

[Dakine 26]

Is there any time limit on how long a B2 can overstay their visa and adjust status if he gets married?

[FCH 1]

Is there any time limit on how long a B2 can overstay their visa and adjust status if he gets married?

i do not know the consequences but check out this link... http://www.visajourney.com/forums/index.php?showtopic=83690

although it is an F1 visa but it points out to overstaying.

[jade_arb 3]

I don't think there is a limit, but every case is different and with immigration you never know.

I overstayed mi visa (B1/B2) 4 years (I'm not proud of it, but I had reasons to do it) before I got married, I didn't meet my husband until early 07, we started the adjustment of status 6 months after we got married, by then I had overstayed my visa for 5 years, we thought our petitions was going to be denied because of that but so far so good, I got my EAD, SSN and State Id. we are going to have our interview in February. Our lawyer told us that overstaying and working without authorization is pardon when you get married to a us citizen, of course if he/she never used others people identities.

I think the difference is if you overstay your visa with the solely purpose of marriage.

The better think you can do is to hire a lawyer, they are expensive but helpful.

Edited December 30, 2008 by jade_arb

[Eric-Pris 1,606]

Our lawyer told us that overstaying and working without authorization is pardon when you get married to a us citizen, of course if he/she never used others people identities.

I don't think your lawyer is 100% correct. Overstaying may be pardoned (forgiven), but working without authorization???? I don't know about that.

Edited December 30, 2008 by Eric-Pris

[jade_arb 3]

Our lawyer told us that overstaying and working without authorization is pardon when you get married to a us citizen, of course if he/she never used others people identities.

I don't think your lawyer is 100% correct. Overstaying may be pardoned (forgiven), but working without authorization???? I don't know about that.

I can't assure if he is correct or not, I'm not a lawyer. That is what he told us. I guess we will find out in our interview, If I got approved then is correct, if not well he was not.

[payxibka 10,045]

Our lawyer told us that overstaying and working without authorization is pardon when you get married to a us citizen, of course if he/she never used others people identities.

I don't think your lawyer is 100% correct. Overstaying may be pardoned (forgiven), but working without authorization???? I don't know about that.

typically both are forgiven as a courtesy to the USC spouse.... YMMV

[abranch 0]

Our lawyer told us that overstaying and working without authorization is pardon when you get married to a us citizen, of course if he/she never used others people identities.

I don't think your lawyer is 100% correct. Overstaying may be pardoned (forgiven), but working without authorization???? I don't know about that.

I can't assure if he is correct or not, I'm not a lawyer. That is what he told us. I guess we will find out in our interview, If I got approved then is correct, if not well he was not.

I was also told the same thing by my lawyer and read it in documents somewhere on these sites.

[Old Dominion 26]

Unless there are other circumstances, USCIS will overlook the overstay and work record -- if your marriage is determined to be bona fide.

[Hollis 0]

Unless there are other circumstances, USCIS will overlook the overstay and work record -- if your marriage is determined to be bona fide.

Just to add to this - Also as long there are NO criminal convictions.

You'll be fine.

Good Luck to all !

[♥Stiggy♥ 0]

how on earth do ppl work without work authorization? I thought no one will hire you without a ssn. guess its all under the table?

I read on another forum that it is forgiveable anyways, as a courtesy to the USC spouse

[Lili 3]

how on earth do ppl work without work authorization? I thought no one will hire you without a ssn. guess its all under the table?

I read on another forum that it is forgiveable anyways, as a courtesy to the USC spouse

They sometimes use other's ssn. Most employers look the other way.

Edited December 31, 2008 by Lili

[Hollis 0]

how on earth do ppl work without work authorization? I thought no one will hire you without a ssn. guess its all under the table?

I read on another forum that it is forgiveable anyways, as a courtesy to the USC spouse

They can get this card -

What is an ITIN?

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a 7 or 8 in the fourth digit, example 9XX-7X-XXXX.

IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have U.S. tax return and payment responsibilities under the Internal Revenue Code.

Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception.

What is an ITIN used for?

ITINs are for federal tax reporting only, and are not intended to serve any other purpose. An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit. ITINs are not valid identification outside the tax system.

IRS issues ITINs to help individuals comply with the U.S. tax laws, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for Social Security Numbers.

Who needs an ITIN?

IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a SSN, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an ITIN.

Examples of individuals who need ITINs include:

Non-resident alien filing a U.S. tax return and not eligible for a SSN

U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for a SSN

Dependent or spouse of a U.S. citizen/resident alien

Dependent or spouse of a non-resident alien visa holder

Good Luck to all !

[♥Stiggy♥ 0]

can ppl apply for this if they are waiting for an ead after aos after k1?

Edited December 31, 2008 by stiggy

[payxibka 10,045]

can ppl apply for this if they are waiting for an ead after aos after k1?

anyone can apply for an ITIN if they are ineligible to apply for a SSN... Once you have your SSN, the need for an ITIN is gone...