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DeusLion

US citizen married to Overstayed tourist visa

By DeusLion in Adjustment of Status Case Filing and Progress Reports

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DeusLion Newbie

DeusLion   0

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Hello, 

 

We recently just got married 2 weeks ago and we’re navigating through the process of filing her petition and changing her status. She did overstay her tourist visa but it’s not more than a year and I am a US citizen.


we were trying to find out what were the specific forms we file and the timing of everything.

 

im grateful for any help and advice.

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Boiler Grand Master

Boiler   45,458

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Filed: K-1 Visa Country: Wales
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Best to start by reading the guides

“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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wildbug100420 Explorer

wildbug100420   102

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Filed: K-1 Visa Country: Philippines
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2 hours ago, DeusLion said:

Hello, 

 

We recently just got married 2 weeks ago and we’re navigating through the process of filing her petition and changing her status. She did overstay her tourist visa but it’s not more than a year and I am a US citizen.


we were trying to find out what were the specific forms we file and the timing of everything.

 

im grateful for any help and advice.

Was the intent to marry before you entered the US? What was the purpose of the trip? If the purpose was to use the tourist visa for the sole purpose to get married and then adjust status, then that's not allowed. You must go through consular processing 

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DeusLion Newbie

DeusLion   0

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23 minutes ago, wildbug100420 said:

Was the intent to marry before you entered the US? What was the purpose of the trip? If the purpose was to use the tourist visa for the sole purpose to get married and then adjust status, then that's not allowed. You must go through consular processing 

No, it was for doing her board exam and traveling the country.

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DeusLion Newbie

DeusLion   0

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37 minutes ago, wildbug100420 said:

Over 6 months and less than a year will result in a 3yr bar. The proper way to be file I130 and return overseas 

I've read that most people that get married have their overstay forgiven? I just want to know what forms to file without sending her back to her home country

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Noname93 Enthusiast

Noname93   200

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Filed: Lift. Cond. (apr) Country: Austria
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From what you've stated you can file adjustment of status. Read the guides on here for the process. You are correct, overstay is forgiven for spouses of US citizens

Edited by Noname93
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DeusLion Newbie

DeusLion   0

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32 minutes ago, Noname93 said:

From what you've stated you can file adjustment of status. Read the guides on here for the process. You are correct, overstay is forgiven for spouses of US citizens

 I didn't even know that there was a whole guide. Do I just follow all the forms listed on the guide? Thanks for the help.

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Crazy Cat Grand Master

Crazy Cat   41,821

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Filed: Citizen (apr) Country: Taiwan
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2 hours ago, wildbug100420 said:

Over 6 months and less than a year will result in a 3yr bar. The proper way to be file I130 and return overseas 

No ban since the OP is a US citizen.

 

 

Be aware that she cannot work in any form or leave the US for up to 6 months or more.

1 hour ago, DeusLion said:

 I didn't even know that there was a whole guide. Do I just follow all the forms listed on the guide? Thanks for the help.

 

 

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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