Overstay of student Visa

[shrewdgal 0]

I have a friend that is about to marry a man from russia. They have been dating abotu two years now. He was here on a student Visa and overstayed.

Does anyone know how their VISA route will work?

I get really frustrated about illegal immigrants after the mess I have been through, but she is still my friend, so I promised to get any information I could.

Thanks in advance!

[1HappyGuy 45]

That sounds like bad news. The USCIS does not look favorably on overstayed visas. Your friend should consult a competent immigration attorney. If your friend had married before the overstay and had applied for adjustment of status things would probably have worked well. I think they have a difficult road ahead.

[workin4somethin 0]

I have a friend that is about to marry a man from russia. They have been dating abotu two years now. He was here on a student Visa and overstayed.

Does anyone know how their VISA route will work?

I get really frustrated about illegal immigrants after the mess I have been through, but she is still my friend, so I promised to get any information I could.

Thanks in advance!

I have some friends (U.S. citizens) that have married Russians who had overstayed their visas. Nobody has been deported. I think the road may be easier as long as your friend is a U.S. citizen. If your query is not soon answered to your liking, let me know; and I will contact one of my friends who has done this already.

[Jasman0717 9]

The ban will depend on how long the overstay was. You can try to google it

[Satellite 1]

If the over staying alien is still in the US and married the USC citizen and applied for his green card, the over stay will be forgiven along with any unauthorized employment. If the over staying alien left the country we need to know how long he over stayed. Plus with student visas they have a Duration of Status rather than an I-94 so it will be harder to track. Let us know.

[Brad and Vika 129]

If the over staying alien is still in the US and married the USC citizen and applied for his green card, the over stay will be forgiven along with any unauthorized employment. If the over staying alien left the country we need to know how long he over stayed. Plus with student visas they have a Duration of Status rather than an I-94 so it will be harder to track. Let us know.

Having known several immigrants who overstayed over the years, I have seen the above post to be accurate. I would just add that once they marry and the AOS adjudication begins, he won't be able to leave the country until it is resolved and still return. It can take awhile.

[slim 1,525]

Don't leave!

As long as they stay here, it's very hard to "kick them out." However, once they're gone, it's very hard to get back in until after a waiting period is up.

[kcoyclay1 98]

The spouse or any immediate relative of a US citizen receives a pardon from the USCIS regardless of how they entered.

I have a friend that is about to marry a man from russia. They have been dating abotu two years now. He was here on a student Visa and overstayed.

Does anyone know how their VISA route will work?

I get really frustrated about illegal immigrants after the mess I have been through, but she is still my friend, so I promised to get any information I could.

Thanks in advance!

[payxibka 10,045]

The spouse or any immediate relative of a US citizen receives a pardon from the USCIS regardless of how they entered.

not completely true, if you entered without inspection (EWI) you are not "pardoned" upon marriage or being an immediate relative to a USC

Edited January 28, 2009 by payxibka

[ghomnet 1]

180 day is the date the person would have to be married. After that i am not sure what happen i am sure there is another way.

[kcoyclay1 98]

The spouse or any immediate relative of a US citizen receives a pardon from the USCIS regardless of how they entered.

not completely true, if you entered without inspection (EWI) you are not "pardoned" upon marriage or being an immediate relative to a USC

Sorry about that. I should have said regardless of overstaying on the student visa. The following information is from an immigration lawyer.

As long as you legally entered the United States, which you did on your visa, you are eligible to adjust status by marriage to a US citizen even though you are now actually out of status. I have successfully done many green card applications for clients in this situation.

Normally, to adjust status and get a green card, one must be in a lawful immigration status. A big exception to this rule exists for "immediate relatives" -- the spouse, parent or unmarried minor child of a US citizen. As you are the spouse of a US citizen, you are an immediate relative and will be able to adjust status even though you are now out of status. Immediate relatives are also able to adjust even if they have engaged in authorized employment.

Edited January 31, 2009 by kcoyclay1

[Satellite 1]

The spouse or any immediate relative of a US citizen receives a pardon from the USCIS regardless of how they entered.

not completely true, if you entered without inspection (EWI) you are not "pardoned" upon marriage or being an immediate relative to a USC

And even that is not completely true. If you had a pending immigrant petition prior to April 30, 2001 but were in the country illegally, i.e. entered without inspection you still can get that pardon through 245i.

http://www.***removed***/gc/life245.html

Also if you have been here illegally since 1972 you can get adjustment of status through registration.

http://law.justia.com/us/cfr/title08/8-1.0.1.2.42.html

Filing a asylum within a year of illegal entry works too. But it must be granted. Nothing to do with marriage.