Getting married but so has expired visa

[leelee1219 0]

Hi,

I am a new member because me and my fiance will be getting married soon but he came here from Argentina about 9 years ago and his visa expired in 2005. Does anyone know what exactly we have to do and will he have to leave the country? Also we have a 14 month old daughter.

Please someone help!!!

Thanks,

Leeann

[v333k 59]

Hi,

I am a new member because me and my fiance will be getting married soon but he came here from Argentina about 9 years ago and his visa expired in 2005. Does anyone know what exactly we have to do and will he have to leave the country? Also we have a 14 month old daughter.

Please someone help!!!

Thanks,

Leeann

This is a paraphrase of what my lawyer told me in 2007.

It doesn't matter what your current status is now, even if you are illegally here, you will be able to apply for AOS.

just to clarify, I was not illegally here, but I had a question that led to a short topic with the previous statement being his punchline.

[Brother Hesekiel 2,236]

LeeAnn,

As an immediate relative of a US citizen (I assume that's you?), you can file for your husband's Adjustment of Status (AOS). His overstay is a non-issue, as long as he entered the country legally and can prove it. The best way to do that is with the long expired I-94 form that usually is stapled into the back of the passport. He will also have to show the passport in order to prove what the last time was he entered the US.

If your husband left the country after having overstayed for more than 180 days, or if he leaves the country now, he will be banned from coming back for 10 years.

You will have to wait until your AOS is decided upon. That usually takes 3, 4, sometimes 6 months. Thereafter he will get his Green Card and can travel again.

Edited February 25, 2010 by Just Bob

[Audy_Rob 26]

Hi,

I am a new member because me and my fiance will be getting married soon but he came here from Argentina about 9 years ago and his visa expired in 2005. Does anyone know what exactly we have to do and will he have to leave the country? Also we have a 14 month old daughter.

Please someone help!!!

Thanks,

Leeann

The daughter is a US Citizen because she was born in the US and also she was born to at least one US Citizen which is you. I am surprised about the AOS. I want to go find the law.

[JimVaPhuong 4,863]

This is a paraphrase of what my lawyer told me in 2007.

It doesn't matter what your current status is now, even if you are illegally here, you will be able to apply for AOS.

just to clarify, I was not illegally here, but I had a question that led to a short topic with the previous statement being his punchline.

Your lawyer left out an important caveat, perhaps because it didn't apply to you. While your current immigration status is not relevant, how your entered the US is very much relevant. If you entered without inspection (i.e., illegal entry) then you cannot adjust status based on a marriage to a US citizen. However, if you entered the US legally, then you can adjust status based on marriage to a US citizen, even if your legal status expired long ago.

[Audy_Rob 26]

Your lawyer left out an important caveat, perhaps because it didn't apply to you. While your current immigration status is not relevant, how your entered the US is very much relevant. If you entered without inspection (i.e., illegal entry) then you cannot adjust status based on a marriage to a US citizen. However, if you entered the US legally, then you can adjust status based on marriage to a US citizen, even if your legal status expired long ago.

OK, this is what I did not know. Thank you.