aos if visa expired

[beverly 0]

Hi,me and my dutch husband were married ,in the states, last may 22,within the 90 days of his tourist visa. His tourist visa was good april,may and june of 2008.I filed the petition for alien relative in sept,3 months after his tourist visa expired and it was approved.We are now getting ready to send the 485 adjustment of status forms.It took this long to get the money.Is he considered illegal? will we have a problem?

[john_and_marlene 162]

Hi,me and my dutch husband were married ,in the states, last may 22,within the 90 days of his tourist visa. His tourist visa was good april,may and june of 2008.I filed the petition for alien relative in sept,3 months after his tourist visa expired and it was approved.We are now getting ready to send the 485 adjustment of status forms.It took this long to get the money.Is he considered illegal? will we have a problem?

He is out of status and has accumulated overstay days. The proper thing to have done would have been to file the I-485 along with the I-130 sending them together to the Chicago dropbox. The simultaneous filing of the I-485 would have kept him in status (pending adjustment). You can still file for adjustment based on the approved I-130, but now he should not leave the U.S. until the adjustment is complete--not even with advance parole (I-131). The overstay will not keep him from adjusting status, but it will cause him to be denied reentry if he leaves the country before the adjustment is approved.

[FRJ 0]

very true...and make sure on the 485 you state that he is out of status. i was in a similar boat too.