AOS from expired tourist visa

[hoping09 0]

Hello guys,

I'm posting this for a friend of mine, and I kindly ask any of you that don't have anything constructive to share not to post.

So, here's is the issue:

My friend came to the US on J-1 visa, and then extended it to tourist visa. However, the tourist visa expired on 09/2007, so she's been illegal since then. Her boyfriend and her are thinking of getting married. Can they file for AOS and what kind of paperwork would they need to enclose? How long will the process take? Will the overstay be forgiven? What kind of evidence is needed to prove a genuine marriage?

Thank you!

[san diego 407]

If they file for AOS after marriage and she came here legally (which she did), overstay will be forgiven. Challenge is to prove genuine relationship. It depends on: how long do they know each other? Do they live together? How long? Do they have joint lease here in US? Bank account? Is she a beneficiary on his life insurance and vise versa.

[pushbrk 13,076]

Hello guys,

I'm posting this for a friend of mine, and I kindly ask any of you that don't have anything constructive to share not to post.

So, here's is the issue:

My friend came to the US on J-1 visa, and then extended it to tourist visa. However, the tourist visa expired on 09/2007, so she's been illegal since then. Her boyfriend and her are thinking of getting married. Can they file for AOS and what kind of paperwork would they need to enclose? How long will the process take? Will the overstay be forgiven? What kind of evidence is needed to prove a genuine marriage?

Thank you!

Sure. I suggest they simply follow this guide. http://www.visajourn...tent/i130guide2

Evidence of genuine marriage is pretty easy when the couple lives together as husband and wife in the USA, particularly when the foreigner has a SSN and they open a joint bank account etc.

Edited October 24, 2011 by pushbrk

[Jojo92122 1,924]

Hello guys,

I'm posting this for a friend of mine, and I kindly ask any of you that don't have anything constructive to share not to post.

So, here's is the issue:

My friend came to the US on J-1 visa, and then extended it to tourist visa. However, the tourist visa expired on 09/2007, so she's been illegal since then. Her boyfriend and her are thinking of getting married. Can they file for AOS and what kind of paperwork would they need to enclose? How long will the process take? Will the overstay be forgiven? What kind of evidence is needed to prove a genuine marriage?

Thank you!

Is her boyfriend a US citizen?

[scotty2009 13]

In line with this question, I'd like to ask if anyone knows about the supposedly new immigration law which

states that tourists who have overstayed over 90 days should NOT assume that everything will be easily be fixed by marrying a USC. This was from my immigration lawyer. He said that the foreigner adjusting his/her status may still be asked to go home and from there the USC petitions for the spouse. It used to be that people who have overstayed for years and even decades can have their status fixed by marrying a USC. Any inputs on this?

[Brother Hesekiel 2,236]

In line with this question, I'd like to ask if anyone knows about the supposedly new immigration law which

states that tourists who have overstayed over 90 days should NOT assume that everything will be easily be fixed by marrying a USC. This was from my immigration lawyer. He said that the foreigner adjusting his/her status may still be asked to go home and from there the USC petitions for the spouse. It used to be that people who have overstayed for years and even decades can have their status fixed by marrying a USC. Any inputs on this?

That refers to people who entered the U.S. without a visa as part of the VWP, which usually granted a stay of 90 days. Once out of status, many of them were denied AoS at different USCIS field offices and since VWP participants--unlike people who entered with a visa--do not have a right to appeal, that spoiled the whole plan entirely.

None of this applies to a case you outlined, never has.

[Penguin_ie 5,996]

***** Moving from CR-1 to AOS from Tourism Visa... forum as OP's friend is already in the USA *****

[Bobby+Umit 161]

Did the J-1 have the 2yr Foreign Residency Requirement?

I'm thinking "no" - but you never know...

[pushbrk 13,076]

That refers to people who entered the U.S. without a visa as part of the VWP, which usually granted a stay of 90 days. Once out of status, many of them were denied AoS at different USCIS field offices and since VWP participants--unlike people who entered with a visa--do not have a right to appeal, that spoiled the whole plan entirely.

None of this applies to a case you outlined, never has.

Correct. I'm not sure if this is even still happening or if it ever happened other than in San Diego but it was a fairly isolated thing. Not a new law but a policy implemented on a limited basis.

[hoping09 0]

Thank you for your answers, they were very helpful, I just have a few more questions:

So how long do they have to wait for the first interview since they filed the whole package and can the illegal sponsor herself, if she makes enough money or it has to be a person born in the USA or a person with UScitizenship????

[pushbrk 13,076]

Thank you for your answers, they were very helpful, I just have a few more questions:

So how long do they have to wait for the first interview since they filed the whole package and can the illegal sponsor herself, if she makes enough money or it has to be a person born in the USA or a person with UScitizenship????

The sponsor must be a US Citizen or Legal Permanent resident. This woman is not authorized to work in the USA.

[trillium13 84]

Has she been working illegally?

[pushbrk 13,076]

Has she been working illegally?

Based on the question, yes. However, unlawful work will be forgiven along with the overstay when status adjustment is complete.