Out of Status / Overstay

[Strongblk1 0]

Hello,

I am new to this forum which was suggested by a friend who was once in a slightly similar situation. My fiancee (originally from Jamaica) is in the states and overstayed his 6 month allowance by 2yrs. thus far. We do want to get married as soon as possible but I wanted to see how much information we could obtain on how to go forward from the site before seeking legal assistance, if need be. Thanks for any and all assistance. I should also mention that his visa does not expire until 2017 and is current.

Edited October 31, 2013 by Strongblk1

[Merrytooth 5,748]

Spouse of US citizen is forgiven for overstay.

http://www.visajourney.com/content/i130guide2

[Harpa Timsah 13,258]

If you seek an adjustment of status in the US, then his overstay will not matter (if you are a US Citizen). His visa expiration of 2017 does not matter and does not make him in status. He overstayed the time on his I-94, which is the per-trip limit on each entry.

[kzielu 1,152]

In fact he doesn't have visa anymore since overstay voids it.

[Harpa Timsah 13,258]

In fact he doesn't have visa anymore since overstay voids it.

Indeed.

[jaycali 415]

Hello,

I am new to this forum which was suggested by a friend who was once in a slightly similar situation. My fiancee (originally from Jamaica) is in the states and overstayed his 6 month allowance by 2yrs. thus far. We do want to get married as soon as possible but I wanted to see how much information we could obtain on how to go forward from the site before seeking legal assistance, if need be. Thanks for any and all assistance. I should also mention that his visa does not expire until 2017 and is current.

A visa is for entry, only. Being valid until 2017 only means that it's valid for entry until 2017. Once you enter on a visa, you are given a status based on that entry visa. His status was tourist, allowing him to stay for 6 months. On his 1st day after 6 months, his visa was voided. Enough about that, as it's irrelevant to the question.

Spouses of US citizens are one of few categories of aliens who are actually forgiven any overstay if they file to adjust status, and do not leave the US. This means that once married, you can file for adjustment of status, and it will most likely be granted as long as your marriage is bona fide.

DO NOT under any circumstance let him leave the US until adjustment of status is approved. Once he leaves US soil, a 10 year bar will be triggered, and he will be unable to return to the US for 10 years. This can only be overcome by a very difficult and limited discretionary waiver.

[LilyR 7]

Please also keep in mind that he is now here illegally and if he is picked up or brought to the attention of ICE he could be taken into custody, deported, etc. And be sure to collect plenty of evidence to prove that your upcoming marriage is bona fide since it could appear that you are marrying to allow him to adjust status.

(I had to go in for a "standard interview" since my husband and I married when he had overstayed by 2 weeks.)

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.