stayed past visa-wish to marry

[daveaway 0]

Friend of mine came to the U.S. four years ago on a work visa. Now he has a fiancee ,american citizen, he wishes to marry. Work visa expired long ago and he never renewed or adjusted. Should he marry and apply for K-3 or what would be his best options. Help

[Otto 83]

K-3 would mean he would have to return to his home country.

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

This guide has some very useful information he/they should be aware of.

[Krikit 1,165]

If this person is still in the US they may be interested in looking into adjusting status. I am moving this thread to the appropriate forum..... from the K-3 forum to AOS From Other Visa.

[Usui Takumi 1,562]

What is the exact Visa type? You can adjust on any visa except C / D or a K1 (when the marriage is to someone other then the petitioner). Overstays are typically overlooked (but not always). However as long as its not a VWP you have a safety net in that you can appeal.

Going to the home country is generally a little harder because you'll need a waiver for your overstay in that situation.

Edit* Don't want to scary you with the (but not always) category. Thats very very rare, the only time I've heard of it happening was when a user on this forum (bobby_umit maybe?) said he knew of someone getting denied.

Its probably like a 0.001% chance.

Edited June 27, 2009 by lancer1655

[Bobby+Umit 161]

"Misrepresentation" is what will usually kill AOS from a visa that are not immigrant in nature (w/overstay/working without permission).

As mentioned - if he leaves, he will need a waiver for the 10 year probable ban (not knowing the exact details of his overstay).

As long as he didn't lie (or will lie on AOS) - he and the USC can file for AOS in the US right now. Might have some explaining to do at interviews - but you won't know till you try.

Edited June 27, 2009 by Bobby_Umit

[NickD 203]

"Misrepresentation" is what will usually kill AOS from a visa that are not immigrant in nature (w/overstay/working without permission).

As mentioned - if he leaves, he will need a waiver for the 10 year probable ban (not knowing the exact details of his overstay).

As long as he didn't lie (or will lie on AOS) - he and the USC can file for AOS in the US right now. Might have some explaining to do at interviews - but you won't know till you try.

They certainly ask that question, not only in the AOS, but in the conditional, and USC process as well. While dating, we watched that I-94, was difficult to part, but what in the hell are you suppose to do? 50 zillion laws to follow.

[TayRivers 4]

"Misrepresentation" is what will usually kill AOS from a visa that are not immigrant in nature (w/overstay/working without permission).

As mentioned - if he leaves, he will need a waiver for the 10 year probable ban (not knowing the exact details of his overstay).

As long as he didn't lie (or will lie on AOS) - he and the USC can file for AOS in the US right now. Might have some explaining to do at interviews - but you won't know till you try.

They certainly ask that question, not only in the AOS, but in the conditional, and USC process as well. While dating, we watched that I-94, was difficult to part, but what in the hell are you suppose to do? 50 zillion laws to follow.

Please quote where you are getting the information that you will be questioned about your intent at AOS and Removal of Conditions and again at Citizenship interview.

Without evidence to back up your statement all you are doing is scare mongering...