CR1- AOS or Consular Processing? Husband overstayed tourist visa (7years)

[Happy_Life81 0]

Good evening all,

 

I recently got married and am preparing to file a CR1 visa for my husband online. When I was reading it gives the option of Adjustment of status or consular processing. Our case is, he arrived in the U.S. with a tourist visa 7 years ago and stayed. His visa has since then expired (it was valid for 6 months) He has worked the entire time and has a TIN. My question is, would I file adjustment of status or consular processing? I understand consular processing is if he were in his country, which clearly he's not but adjustment of status seems as if his visa would not be expired but it is. Thank you in advance and I apologize if it's a dumb question.

[Timona 4,208]

Are you a USC? If so, overstay and illegal work is forgiven for spouses of USC.

 

Since he's here, follow the guide below and do AOS. Don't leave the country without advanced parole or GC, lest he gets a 10 year ban and starts afresh at consulate. 

 

 

[pushbrk 13,102]

If he entered legally, overstayed, and is still in the USA, you will want to adjust status.  Follow the guide above.  Become an A-Student of the forms and especially, the form instructions.  You'll be completing 8 separate forms.  It's daunting task but doable for the fully literate, motivated, and dedicated individual.

[powerpuff 6,748]

~~ Topic moved from IR1/CR1 forum to AOS work/student/tourist visas ~~