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Possiblymaybe

Marriage after visitor visa overstay

By Possiblymaybe in Adjustment of Status from Work, Student, & Tourist Visas

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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3 hours ago, Possiblymaybe said:

After we marry, if we decide to adjust his status so he can have legal status here, what would be the process

Are you a U.S. citizen?

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SalishSea Grand Master

SalishSea   17,801

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Filed: Lift. Cond. (apr) Country: New Zealand
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5 hours ago, Possiblymaybe said:

My fiancé entered the US on a visitor visa and has overstayed by several years. He is still currently in the US. After we marry, if we decide to adjust his status so he can have legal status here, what would be the process for that? What are the forms and approximate general timeline?

Is he not worried about being out of struts for so long?

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SalishSea Grand Master

SalishSea   17,801

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Filed: Lift. Cond. (apr) Country: New Zealand
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6 minutes ago, Possiblymaybe said:

Not at the moment. But that’s my question: what is the implication of his overstay on the process?

He can adjust from no status if married to a USC.   Until then, he is deportable.

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Crazy Cat Grand Master

Crazy Cat   41,806

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22 minutes ago, Possiblymaybe said:

Not at the moment. But that’s my question: what is the implication of his overstay on the process?

Not at the moment?  Take a look at the link below. After filing a proper I-485, he will be granted authorized stay.  That is not legal status.  It means he won't accrue unlawful presence until the I-485 has been processed. 

 

Beware bad information on AOS deadline for K1 (fresh out of jail) - Adjustment of Status (Green Card) from K1 and K3 Family Based Visas - VisaJourney

Edited by Crazy Cat

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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10 minutes ago, Crazy Cat said:

. 

 

Beware bad information on AOS deadline for K1 (fresh out of jail) - Adjustment of Status (Green Card) from K1 and K3 Family Based Visas - VisaJourney

Yes.
 

Once ICE is involved, simple I-485s become complex and expensive.

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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7 hours ago, Possiblymaybe said:

My fiancé entered the US on a visitor visa and has overstayed by several years. He is still currently in the US. After we marry, if we decide to adjust his status so he can have legal status here, what would be the process for that? What are the forms and approximate general timeline?

How did you obtain your US citizenship?

You've been a member of VJ for a few years and it looks like you might have sponsored someone else before?

It is always better to adjust status and be authorized to stay in the US. The longer someone is out of status the more likely they could claim US citizenship by mistake. 

 

Edited by Redro
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igoyougoduke Experienced

igoyougoduke   1,653

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5 hours ago, Mike E said:

Yes.
 

Once ICE is involved, simple I-485s become complex and expensive.

why would ICE get involved unless he gets into trouble  by himself  . he entered legally and overstayed. it seems a straight up case unless he has trouble with law 

duh

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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3 hours ago, igoyougoduke said:

why would ICE get involved unless he gets into trouble  by himself  . he entered legally and overstayed. it seems a straight up case unless he has trouble with law 

Read the link crazycat gave you.

 

Once ICE detains him for unlawful presence, he can get an NTA for removal. Generally USCIS loses jurisdiction over I-485 while the beneficiary is in removal.

 

https://www.immigrationhelp.org/learning-center/i-485-in-removal-proceedings

Edited by Mike E
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Boiler Grand Master

Boiler   45,442

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Filed: K-1 Visa Country: Wales
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Unless the person is a Felon the odds of an issue are extremely small.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Bob in Boston Proficient

Bob in Boston   698

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Filed: Citizen (apr) Country: Philippines
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My wife was a 24 year overstay, never had a problem because of it. File your AOS and go from there.

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