Chances of Being Denied

[Mrs saba 0]

I am a us citizen, me and my husband got married last June, but didn't have the money to start doing his application until in November. He has already completed his biometrics & physical. We are waiting to hear back for the rest of the stuff, I am scared he will be deported because he has over stayed more than a year, but he did enter legally on a visitor visa. Are the chances more on him being denied or will he have a chance of gaining a green card.If anything happens I'll have to move to his country, which I would hate to do, but I would have to. Also what are the processes that are coming up ahead, Thank you.

[Harpa Timsah 13,258]

Overstay is irrelevant for spouses of US Citizens. You will have to prove that you entered the marriage in good faith for the purpose of being married, and not primarily for immigration benefit. They will also make sure he is admissible... has no crimes, never lied on immigration paperwork, used someone else's SSN etc. If all these things are a go, you will be approved. Good luck.

[amykathleen2005 441]

The overstay will not be cause for denial. However, that combined with other factors could cause a denial.

[Harpa Timsah 13,258]

The overstay will not be cause for denial. However, that combined with other factors could cause a denial.

Not exactly true. The overstay is completely irrelevant. It won't be combined with anything to cause a denial. If other factors exist that would cause a denial, then it will be denied, but the overstay won't be added as a reason.

[JimVaPhuong 4,863]

Not exactly true. The overstay is completely irrelevant. It won't be combined with anything to cause a denial. If other factors exist that would cause a denial, then it will be denied, but the overstay won't be added as a reason.

Agreed. Any other AOS applicant needs to have maintained their lawful non-immigrant status in order to be eligible, but this requirement doesn't apply to an immediate relative of a US citizen.

[Brad and Vika 129]

Moved from AOS from Family visa forum.