AOS after overstay on student visa

[GiGii 4]

I have a friend (USC) who is getting married soon. I thought her fiance was a green card holder, but it turns out he isn't. He came to the US a while ago on a student visa. He completed his studies, and got his student visa renewed. But later on it expired and he still remained in the US. His overstay is 3yrs+.

I recall reading here that overstays are forgiven due to a marriage to a citizen. Do they have to file a waiver for the illegal overstay time? Or do they simply file for AOS, and if so, what forms apply to this situation.

[john_and_marlene 162]

As long as deportation proceedings have not been initiated, he should be OK unless the student visa also has a 2 year home residency requirement. File I-130 and I-485 concurrently.

Edited February 12, 2009 by john_and_marlene

[EstebanTrabajos 7]

I have a friend (USC) who is getting married soon. I thought her fiance was a green card holder, but it turns out he isn't. He came to the US a while ago on a student visa. He completed his studies, and got his student visa renewed. But later on it expired and he still remained in the US. His overstay is 3yrs+.

I recall reading here that overstays are forgiven due to a marriage to a citizen. Do they have to file a waiver for the illegal overstay time? Or do they simply file for AOS, and if so, what forms apply to this situation.

overstay is pardoned when marrying a USC as long as the foreign spouse entered legally into the US

[GiGii 4]

Thanks guys for the info.

Does the I-130 & I-485 get filed together at the same time?

Also, will this situation require the "I-485 Supplement A"?

I also read that when filing to adjust status, that you should send proofs of your living together, etc. What if they just get married & file, do they bring the items to AOS interview? Or is it better to wait and have the lease, common bills, etc in both names before filing?

[EstebanTrabajos 7]

Thanks guys for the info.

Does the I-130 & I-485 get filed together at the same time?

Also, will this situation require the "I-485 Supplement A"?

I also read that when filing to adjust status, that you should send proofs of your living together, etc. What if they just get married & file, do they bring the items to AOS interview? Or is it better to wait and have the lease, common bills, etc in both names before filing?

yup, both need to be filed together

mmmm I'm not 100% sure Supplement A, just follow the step by step instructions listed in the thread I created.

NOT living together that's until the interview, you have to send proof of a true relationship (photos, affidavits of support, plane tickets, emails etc etc etc) how can you send proof of living together if in some cultures the couple cannot live together until after the marriage and you cannot send any paperwork until after the wedding.

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