Student Visa - Out of Status

[True Love at Last 15]

So here is my friend's situation:

She met a man from another state and they spoke for quite some time (online, on the phone, etc). They got to know each other well and they have traveled to see each other on several occasions. He recently moved to live with her becasue she has a child and cannot move out of state.

He originally came to the US in 2006 on a Student Visa. He is recently Out of Status and did not return home.

They were just legally married and I am wondering if the AOS process will be the normal process or will he require anything special as he is Out of Status?

Any helpful and non-judgemental advice would be appreciated, as I know VJ'rs can be a bit harsh on those who overstay. He is a nice guy and they are truly in love. I want them to make the right decisions and VJ has been such a success for me, so this is the first place I thought to turn to.

I am not sure how long he has been out of status but it has not been long.

I appreciate your help in advance in the hopes that you will be kind

Edited August 9, 2011 by Shyflower

[Harpa Timsah 13,258]

Should be a straight-forward AOS. Here is the guide http://www.visajourney.com/content/i130guide2

They do not need to do anything about the overstay. It will be irrelevant/forgiven if the GC is approved. Keep in mind that the husband cannot use AP even if he gets approved for it. He will have to wait until he gets his GC to travel.

Is that nice enough for you?

Edited August 9, 2011 by Harpa Timsah

[Zen Den 18]

if he had been a good citizen (since being out of status) then that would help a lot. he might get a lot of questions but the fact that he didn't marry right away after his student visa expired could be taken as a good sign that he didn't get married just so he could become a PR.

the sooner they apply for his AOS though the better because if he waits, that would make USCIS people think he doesn't care about proper procedures.

you may also want to suggest that he come up with good (more preferably, legal) reasons for overstaying, like didn't have the money then, so broke, etc.

good luck to both of them =)

[True Love at Last 15]

Should be a straight-forward AOS. Here is the guide http://www.visajourney.com/content/i130guide2

They do not need to do anything about the overstay. It will be irrelevant/forgiven if the GC is approved. Keep in mind that the husband cannot use AP even if he gets approved for it. He will have to wait until he gets his GC to travel.

Is that nice enough for you?

Thank you, that is exactly what I was looking for, your the best !

[True Love at Last 15]

if he had been a good citizen (since being out of status) then that would help a lot. he might get a lot of questions but the fact that he didn't marry right away after his student visa expired could be taken as a good sign that he didn't get married just so he could become a PR.

the sooner they apply for his AOS though the better because if he waits, that would make USCIS people think he doesn't care about proper procedures.

you may also want to suggest that he come up with good (more preferably, legal) reasons for overstaying, like didn't have the money then, so broke, etc.

good luck to both of them =)

I agree with you and yes, he overstayed with the intention of returning to school but he simply couldnt afford it. He has been here for 5 yers so he could have married just anyone to stay but he is not that kind of person. He has made friends here and has fallen in Love with my dearest friend and I want to help them do things by the book as I have done.

Thank you for the additional pointers. It is greatly appreciated !

[rahulv 4]

Get them to file for 130, 485 together and all the stuff that goes with it. Overstay would be a question if they suspect that the reason for marriage is to gain GC, hence if your friends were in love much before the overstay dates, make sure they include those evidence. Good luck