Need help married a man of expired Visitors Visa

[a1angied 0]

I was asked by a very good friend of mine what to do since she just married a man that is here in the United States but his Visitors visa is expired. He has a Social Security number and Drivers License but she said he is not allowed to work. She wanted to know if she needs to fill out the I-130. Any help and guidence will greatly be appreciated.

[AnaAndDaniel 0]

prolly best to consult an imm attny regarding this case.

Daniel

:energetic:

[Joel Halfwassen 0]

Yes. Get an attorney. This is not one you want to mess with on your own. As there are going to be some big legal issues. I would bet though that as family law IS family law it will be okay.

Joel

[lucyrich 20]

If he can prove that his initial entry was legal, then it's probably just a straightforward adjustment of status case, requiring an I-130 and I-485. But there's no way for us to know what complicating factors there might be. So it's wise to at least have a brief consulation with an attorney (or maybe two or three) who can interview the couple, understand the facts of their case, and plan a strategy. If the attorney says it's a straightforward adjustment of status, they might want to file the paperwork themselves without the attorney's assistance.

Beware: If he has overstayed his visa for more than 180 days, he should NOT leave the US before getting his Green Card. Otherwise, he'll be subject to a three or ten year bar on admissibility, depending on how long he's been in the US without status.

[AnaAndDaniel 0]

If he can prove that his initial entry was legal, then it's probably just a straightforward adjustment of status case, requiring an I-130 and I-485. But there's no way for us to know what complicating factors there might be. So it's wise to at least have a brief consulation with an attorney (or maybe two or three) who can interview the couple, understand the facts of their case, and plan a strategy. If the attorney says it's a straightforward adjustment of status, they might want to file the paperwork themselves without the attorney's assistance.

Beware: If he has overstayed his visa for more than 180 days, he should NOT leave the US before getting his Green Card. Otherwise, he'll be subject to a three or ten year bar on admissibility, depending on how long he's been in the US without status.

excellent.

Daniel

:energetic:

[a1angied 0]

Thank you so much for your help. I am sure that I can help them fill out the paperwork for the I-130 and then if it seems like they are going to need legal help then they can proceed that way. He did enter the US legally and I think they have a chance. Thanks again

[john_and_marlene 162]

As long as he is not currently in deportation proceedings, he can adjust status by filing I-130 along with the I-485. If they have good bonafides of the relationship, there should be no problem.

Any overstay or unauthorized work will be forgiven with the AOS approval due the the marriage to a USC.

Do not travel out of the US while the AOS is pending--not even with advance parole. The pending AOS will protect him from deportation but will not protect him from POE denial due to the overstay.

[Killer_Clown_2009 0]

They can send in the I 130 and I 485 at the same time. Usually if there are no special circumstances (criminal record, illegal entry) then adjusting from within the US is fairly straightforward.

[shusterman 0]

Any overstay or unauthorized work will be forgiven with the AOS approval due the the marriage to a USC.

If he did work without authorization and/or overstayed, he will have to file I-485 Supplement A to go with his I-485 and pay the Penalty of $1000.

Still, from what I know, "overstaying" is determined by the I-94 (line that says "Admitted until ____") and not the actual Visa Expiration date. I'm confident someone will correct me if I'm wrong, though.

[Irisheyes 0]

Any overstay or unauthorized work will be forgiven with the AOS approval due the the marriage to a USC.

If he did work without authorization and/or overstayed, he will have to file I-485 Supplement A to go with his I-485 and pay the Penalty of $1000.

Still, from what I know, "overstaying" is determined by the I-94 (line that says "Admitted until ____") and not the actual Visa Expiration date. I'm confident someone will correct me if I'm wrong, though.

I don't think the I-485 Supplement A applies in this case. Taken from the instructions:

"NOTE: If you are applying to adjust as the spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age, and if you were inspected and lawfully admitted to the United States other than in C-1 or S nonimmigrant status, you do not need to file this form."

Pretty straightforward AOS as far as I can see. Always good to at least consult with lawyer.

Edited November 9, 2006 by Irisheyes

[cdnchris 0]

As long as he entered the US legally he can adjust status. Overstay is forgiven when the person is married to an American. Just to confirm he does not need to fill out the Supplement A.

You can just send in the I-130 and I-485 and all supporting forms/evidence (I-864, I693, G325A, Marriage Licence, Birth Certificate, etc.), and an I-765 if he wants to work. Don't bother with the I-131 (Advance Parole) If he left the country he faces a 10 year ban since he has overstayed his visit, even with an Advance Parole document. He's going to have to stay here until he gets his green card.

Edited November 10, 2006 by cdnchris

[kitkat1 5]

If he did work without authorization and/or overstayed, he will have to file I-485 Supplement A to go with his I-485 and pay the Penalty of $1000.

This is incorrect.

Work without authorization and overstay are forgiven through marriage to a USC, as long as the intitial entry was legal.

[Joel Halfwassen 0]

Please! Get a lawyer. This is going to be more then you can do on your own. Even WE can't get you a solid answer.

Joel