Expired Passport & B2 Overstay Help (Married USC)

[Living for Him 0]

Hi,

I recently married and am eligible for I-130 and I-485. I came to the US as a child on a B2 Visitor's Visa and overstayed. I have 2 expired passports and am filing the I-130 & I-485. I was wondering if this will be a problem. Do I need to get a new passport? The ones I have now have a picture of me as a child. :-) Thanks!

[JeroenAndMichelle 28]

Hi,

lol no need to scream or post with such a HUGE font...

Anyways, yes, you probably will have some problems. First of all, you will need a valid passport.. and second, are you still in overstay on the same visa? If so, I kinda doubt that you are eligible for the I-130 and/or I-485, and even if you are eligible, you can expect some stormy weather ahead of you because of said overstay. I would certainly hire a good immigrations lawyer in your situation, and pray for the best.

[Living for Him 0]

Thanks, sorry I didn't realize it was going to be so big :-). I am still in an overstay. My wife is a US Citizen so I qualify that way.

[VanessaTony 3,567]

I recently married and am eligible for I-130 and I-485. I came to the US as a child on a B2 Visitor's Visa and overstayed. I have 2 expired passports and am filing the I-130 & I-485. I was wondering if this will be a problem. Do I need to get a new passport? The ones I have now have a picture of me as a child. :-) Thanks!

I'm not aware of whether you need a valid current passport. I would think you would as that's your "ID".

lol no need to scream or post with such a HUGE font...

Anyways, yes, you probably will have some problems. First of all, you will need a valid passport.. and second, are you still in overstay on the same visa? If so, I kinda doubt that you are eligible for the I-130 and/or I-485, and even if you are eligible, you can expect some stormy weather ahead of you because of said overstay. I would certainly hire a good immigrations lawyer in your situation, and pray for the best.

The OP has no such need for a lawyer unless there's something else wrong with their case. It is fine to AOS from an overstay (however long) as it's forgiven if AOSing based on marriage to a USC. Most people get through without qn. The OP just needs to prove the marriage is valid. As long as there's no criminal record (some crimes aren't too bad, some are REALLY bad) and that he never tried to claim to be a USC and a few other things but the overstay isn't an issue.

[Brother Hesekiel 2,236]

No need to yell.

You don't need a valid passport and it's doubtful that the consulate of your country would even issue you one before you have a Green Card in your hand. What country are you from?

Secondly, you don't need a lawyer, unless you have a dead body in the closet. Do you still have the I-94 form that was tacked into your passport when you arrived in the US?

[Otto 83]

** Although you're married to a USC, you're not adjusting status from a family-based visa and this topic (posted in Family-Based AOS) should be in our Adjustment of Status from Work, Student, & Tourist Visas; moving thread there.

[Living for Him 0]

No need to yell.

You don't need a valid passport and it's doubtful that the consulate of your country would even issue you one before you have a Green Card in your hand. What country are you from?

Secondly, you don't need a lawyer, unless you have a dead body in the closet. Do you still have the I-94 form that was tacked into your passport when you arrived in the US?

I'm from Mexico. I have a Mexican Consular ID. I read somewhere on this website that the USCIS would stamp your passport while you're waiting on your green card. I can get a new passport by then(I think) I was just wondering if it would be a problem if I send in my old ones (2). I still have my I-94 yes.

[Living for Him 0]

** Although you're married to a USC, you're not adjusting status from a family-based visa and this topic (posted in Family-Based AOS) should be in our Adjustment of Status from Work, Student, & Tourist Visas; moving thread there.

I see thanks!

[Mrstate 1]

Im an overstay too for a very long time my pic on my passport is probably i was 14 dis my biometrics with my old passport didnt had a problem ill be having ang interview in a month ead is on the way also

[Living for Him 0]

Im an overstay too for a very long time my pic on my passport is probably i was 14 dis my biometrics with my old passport didnt had a problem ill be having ang interview in a month ead is on the way also

Thanks

[Brother Hesekiel 2,236]

You will NEED to show your passport with the entry stamp and the I-94 at the AOS interview. It's your PROOF that you entered the US with inspection and when. Do not send this out to get a new one; wait until your AOS interview has been approved. They may stamp your passport but usually they don't, and there's really no need to as the Green Card arrives a few days later in the mail anyway.