Overstayed Tourist VISA

[Dashinka 24,793]

6 hours ago, aa1979 said:

What about the question when they ask him in the application if he ever overstayed a visa? I am presuming he should answer that with a "yes" and provide an explanation that he got married then overstayed because he was preparing to apply for adjustment of status after his marriage (he overstayed after his marriage not before) Is that correct? or are they asking him in regards to past times, not the current overstay, and therefore he should say no he never overstayed his visa?

Never ever lie on an immigration form or to a CO or IO.  He will have to provide all the information as to his recent immigration history on the I485 and I130.  As others have said, overstays are forgiven for immediate relative, but it is best to get the AOS/I130 filed as soon as possible.  Even people laying low can be caught up in a bureaucratic mess if they stumble into an unforeseen situation.

[Joe30 17]

7 hours ago, caliliving said:

She is fine! I overstayed 5 years got married applied and got the greencard. All is well! It takes a while and don’t leave the country until you have the GC in hand! If you have to leave, you will never be allowed back.

How soon after marriage did you apply dor Adjustment of Status? 

[SusnOwen 162]

16 hours ago, aa1979 said:

Thank you for the reply. It sounds logical and it makes sense. How confident are you that his current overstay of his tourist VISA will be forgiven (I know she will probably ask me that)?

I don't think they knew each other prior to his arrival. I don't know for sure, but that's what it sounded like to me. The story I was told is that he came in here as a tourist and ended up getting married to her.

I am aware of the 125% of the poverty line issue and I will inform her of that... Thank you!

My husband overstayed his tourist visa - We had no intention of marrying when he came for a visit, but spur of the moment decision to elope... His GC was approved last month.  I would say they should file ASAP, because while his status is protected once they file, right now he has no status and if he had an issue, he risks deportation.

[Joe30 17]

34 minutes ago, SusnOwen said:

My husband overstayed his tourist visa - We had no intention of marrying when he came for a visit, but spur of the moment decision to elope... His GC was approved last month.  I would say they should file ASAP, because while his status is protected once they file, right now he has no status and if he had an issue, he risks deportation.

How was the interview with the CIS officer?

[aa1979 100]

3 hours ago, Dashinka said:

Never ever lie on an immigration form or to a CO or IO.  He will have to provide all the information as to his recent immigration history on the I485 and I130.  As others have said, overstays are forgiven for immediate relative, but it is best to get the AOS/I130 filed as soon as possible.  Even people laying low can be caught up in a bureaucratic mess if they stumble into an unforeseen situation.

Thank you! I definitely agree and know to never lie in this process. Maybe my question was not clear and I should have made it more clear.

I was trying to figure out what they are asking. What I was saying since everyone seems to agree that his current overstay is forgiven because he got married, is it still considered an overstay that they want to hear about in that question? or what they are asking for is past overstays not including the current forgiven overstay? I got my answer that that they are asking for all, current and past, forgiven or otherwise overstays. 

 

It should be mentioned as an overstay with an explanation that the reason was that he got married and planned to apply for AOS. Thank you!

[aa1979 100]

9 hours ago, oneoftheunderdogs said:

One thing he should definitely NOT do is lie to an immigration officer. That would be very serious! 
 

These processes are in place for a reason, so it is best to be honest and he will be fine!

 

If in serious doubt I would suggest they do a consultation with an experienced immigration lawyer, you will likely get a quicker answer than here. I paid like $140 for a 30 minute consult, definitely worth it, imo 

I appreciate your response! I definitely agree and know to never lie in this process. Maybe my question was not clear and I should have made it more clear.

I was trying to figure out what they are asking. What I was saying since everyone seems to agree that his current overstay is forgiven because he got married, is it still considered an overstay that they want to hear about in that question? or what they are asking for is only past overstays not including the current forgiven overstay? I got my answer that that they are asking for all, current and past, forgiven or otherwise overstays. 

 

It should be mentioned as an overstay with an explanation that the reason was that he got married and planned to apply for AOS. Thank you!

[oneoftheunderdogs 99]

1 minute ago, aa1979 said:

I appreciate your response! I definitely agree and know to never lie in this process. Maybe my question was not clear and I should have made it more clear.

I was trying to figure out what they are asking. What I was saying since everyone seems to agree that his current overstay is forgiven because he got married, is it still considered an overstay that they want to hear about in that question? or what they are asking for is only past overstays not including the current forgiven overstay? I got my answer that that they are asking for all, current and past, forgiven or otherwise overstays. 

 

It should be mentioned as an overstay with an explanation that the reason was that he got married and planned to apply for AOS. Thank you!

You‘re welcome! I agree that they want to know about ANY overstays. 

[SusnOwen 162]

4 hours ago, Joe30 said:

How was the interview with the CIS officer?

It was fine - He never asked a single question about the overstay.  My husband had visited back and forth previously - He came up in February, and hello Covid!  I think our situation is more common now than someone who just overstayed for an extended period.  Actually, he was still in status when we got married.  The interview was the usual questions about what car we drove in, where we live, who lives with us, identifying people in pictures, what vacations have we taken,....

[SusnOwen 162]

3 hours ago, aa1979 said:

I appreciate your response! I definitely agree and know to never lie in this process. Maybe my question was not clear and I should have made it more clear.

I was trying to figure out what they are asking. What I was saying since everyone seems to agree that his current overstay is forgiven because he got married, is it still considered an overstay that they want to hear about in that question? or what they are asking for is only past overstays not including the current forgiven overstay? I got my answer that that they are asking for all, current and past, forgiven or otherwise overstays. 

 

It should be mentioned as an overstay with an explanation that the reason was that he got married and planned to apply for AOS. Thank you!

Just to clarify - His overstay is not forgiven just because he got married - until they file and it is excepted, he is still at risk.  I would recommend filing ASAP.

[USC4SPOUSE 506]

22 hours ago, aa1979 said:

There is this restaurant worker, who asked me an immigration question. She is a USC. She has recently got married to someone who came into the US on a tourist visa. He, the tourist, was not overstaying his tourist visa at the time of marriage. They have not applied to adjust status as of yet. He was supposed to leave the country but he overstayed his visa now. When I asked her about the reason she said that they were told that he can overstay his visa just fine since they are already married and plan to adjust status. She is asking two questions:

 

1) Is there any potential issues of over-staying his tourist visa and applying now to adjust status? Should he for example leave the country and apply for immigrant visa as a spouse of a US-citizen? Or should he just go a head and apply with the AOS process at this point?

 

2) Is he required to have health insurance at this point? and how would he get insurance if he has no status at this point prior to applying?

 

Thanks, and I will relay the replies to her next time I see her.

 

@aa1979, I think it is worth mentioning that your friend's timeline may trigger scrutiny from USCIS. They married before his authorized stay expired. I would be prepared to answer questions about how they met, fell in love and how all of that led to the decision to get married. There is a chance that the officer may not be too curious about that but there is also a very good chance that they may be. 

 

If they knew each other before he came to the US, then there is the issue of misrepresentation. If they did not know each other, and met in the US, fell in love and married shortly after, then there may be a suspicion of fraud. I would spend some time presenting evidence of bona fide marriage that includes evidence since the time they met and started dating. That's just my humble 2 cents. 

[arken 4,197]

4 hours ago, aa1979 said:

I appreciate your response! I definitely agree and know to never lie in this process. Maybe my question was not clear and I should have made it more clear.

I was trying to figure out what they are asking. What I was saying since everyone seems to agree that his current overstay is forgiven because he got married, is it still considered an overstay that they want to hear about in that question? or what they are asking for is only past overstays not including the current forgiven overstay? I got my answer that that they are asking for all, current and past, forgiven or otherwise overstays. 

 

It should be mentioned as an overstay with an explanation that the reason was that he got married and planned to apply for AOS. Thank you!

There is only one item on i485 where it asks about the current status and that's where he will put "overstay". No reason or any explanation required.

[arken 4,197]

36 minutes ago, USC4SPOUSE said:

 

@aa1979, I think it is worth mentioning that your friend's timeline may trigger scrutiny from USCIS. They married before his authorized stay expired.

Marrying before his authorized stay would not trigger anything on its own. Authorized stay could be 6 months long and he could've married on the 5th month. Of course if one marries in two days of entering the US and files for AOS the next day, it may trigger something.

[aa1979 100]

Thanks everyone!

[Ben & Katy 168]

On 6/14/2021 at 10:19 PM, caliliving said:

She is fine! I overstayed 5 years got married applied and got the greencard. All is well! It takes a while and don’t leave the country until you have the GC in hand! If you have to leave, you will never be allowed back.

My first spouse overstayed and worked while the AOS process was going on.  In the interview the agent didn’t even mention it and awarded her the conditional GC.  This was back in 2006-2007. 

[caliliving 606]

4 hours ago, Ben & Katy said:

My first spouse overstayed and worked while the AOS process was going on.  In the interview the agent didn’t even mention it and awarded her the conditional GC.  This was back in 2006-2007. 

Yes because overstay is forgiven so it doesn’t matter why you overstayed, you can not be denied a spouse visa for it so there is no point in them asking lol people get so worked up over this and it is perfectly legal to file the petition after you overstayed.