Overstay

[MEDIA 0]

Hello,

My friend just got married couple days ago to a Green Card holder who is going to be Citizen in 6 months. He is been overstayed for exactly 1 year from now. He came on a working visa. My question is does he has to go back to his country or he can file waiver and stay in this country.

Thanks

[Dakine 26]

Hello,

My friend just got married couple days ago to a Green Card holder who is going to be Citizen in 6 months. He is been overstayed for exactly 1 year from now. He came on a working visa. My question is does he has to go back to his country or he can file waiver and stay in this country.

Thanks

He should have waited until the GC holder got their US citizenship.

[Dakine 26]

Hello,

My friend just got married couple days ago to a Green Card holder who is going to be Citizen in 6 months. He is been overstayed for exactly 1 year from now. He came on a working visa. My question is does he has to go back to his country or he can file waiver and stay in this country.

Thanks

He should have waited until the GC holder got their US citizenship.

I don't know but "maybe" they can wait to file to adjust status when the GC holder gets their USC. Someone else here may know.

[vip1 8]

I would just tell you friend to stary here and wait for the GC holder to get his citizenship to petition for him, it's a risk but if he's been here for a year ilegaly is going to hard and costly to fill out waivers succesfully. Be very careful while waiting, and don't do anything ilegal meanwhile, like working and stuff untill he gets the appropriate documenation (EAD). The overstay will be forgiven once he does AOS.