Wife has expired visa, Married anyway Now what.

[jdhansen 0]

My wife visa is expired. We got married anyway. I called uscis and they said because she arrived legally I could petition for her with I-130 and I-485. Has any Else been through this process? What can I expect? any insight or tips would be greatly appreciated. I am new to this and want to do things the legal and correct way.

Thanks

-J

[Little_My 464]

She can adjust even from an expired visa. For people here to be able to advise you correctly, you need to tell..

1. What visa did she arrive with

2. When did she arrive / how long is her overstay

3. Did she arrive here to marry you, or was she originally planning to only visit / study / work (whatever was the purpose of her original visa)

Since she has overstayed, she might be subject to a 3/10 year ban to the US if she leaves, so for now the best is for her to stay put in the US and not cross the US border anywhere until she has her green card.

You will file the I-130 and I-485 concurrently. Read through the guide here on VJ, it will tell you all you need to know and more - and if you have any questions, you can always ask people here. If she arrived with a tourist visa, student visa or a work visa, you should post your questions in the AOS from tourist / work / student visa forum, you will get more responses there.

Good luck!

[Winning 2]

the USCIS had advised your correctly make sure your wife does not leave the country any more. I came into the country when I was just a child on a tourist visa, 1997 was the last time that i left and came back with that visa. our visas were stolen and eventually expired some time in 2001 I believe so since then I stayed in the country but this year I got married and we went to a lawyer to see if it was possible for me to be in the country legally they told me that because i came into the country legally and did not leave after the visa expired we could file I-130 and I-485 with I-765. the first on is the petition you will make for your wife the second is her petition to adjust status and the last form is the Employment Authorization Document so that she can work will you both awaits approval of the I-130 and I-485 forms

[Krikit 1,164]

It all depends on what visa she came here on. If it was one with a home residency requirement then she cannot adjust status through marriage.

I am moving your thread from the K-3 Process forum to General Immigration Discussion until you can fill in a few more details which are required to answer your question properly. Welcome to VJ.

[jdhansen 0]

It all depends on what visa she came here on. If it was one with a home residency requirement then she cannot adjust status through marriage.

I am moving your thread from the K-3 Process forum to General Immigration Discussion until you can fill in a few more details which are required to answer your question properly. Welcome to VJ.

Thanks everyone for the help so far.

she came in on a visitor visa b1 b2 she got 1 extension but that ended in 06/2002. she hasent left the country and has been employed and paying taxes with a taxpayer id. she has never been in any sort of trouble, or had any kind of case. she has renewd her passport at the embassy here. Im not sure what kind of details to add.

Thanks again

-J

[Krikit 1,164]

Okay. I'm going to move your thread over to the AOS From Work, Student, and Tourist Visa forum. You'll find lots of great help there. Good luck.

[ceadsearc 516]

You were advised correctly. Follow the guidelines for adjusting from a tourist visa on this forum, and of course she needs to stay in the country until her AOS is complete. AP is free to file with AOS, but pointless for your wife, because while they will grant her AP, if she actually leaves the country with it she will be banned upon trying to return, so there's no real point for you to fill that one out. Good luck on your journey!