Overstayed P1 Visa & Getting Married...

[orangebanana 0]

Hi everyone! I'm not sure where this should be posted but I have a few questions. I've been trying to read as much as I can!

 

My fiancé overstayed a P1 visa and has been in the US for 3 years. We have been together for over a year and are getting married in the next couple of months. Once we are married, do we just file the I-130 and I-485 and go from there? Just wasn’t sure if that changed based on the type of visa/the overstay.

 

Also for proving our relationship is bona fide… I’m a little confused. I’ve read a lot about financial co-mingling but how is this possible as he legally cannot open a bank account, sign a lease agreement, etc? What will be enough?

[Coco8 1,042]

He can open a bank account. But what you should do is open a bank account together. The only thing they need for a bank account is an ID; Bank of America makes it really easy for foreigners. 

 

He can sign a lease agreement. Again, they only request an ID, like a passport. 

 

Other people might have more ideas about other evidence you can submit.

 

The type of visa doesn't matter for your i-130, i-485.

 

 

 

 

[orangebanana 0]

Thanks so much for the help! This is exciting albeit nerve wracking.  

[orangebanana 0]

The more reading I do, the more questions I have!
 

I have been in school for a year and still have a year to go. He has been financially supporting us but has always worked "under the table". So it will look as if we have no income? I understand as a sponsor I must meet a certain financial requirement which I do not currently have. Is this (along with his work status for the past 3 years) going to be a huge issue? I've read somewhere that working illegally is forgiven but application wise, does anyone have any idea how this will affect us?

 

Also, at what point is he able to apply for a SSN? After his status is adjusted?