US citizen married to Overstayed tourist visa

[DeusLion 0]

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.

[Boiler 45,466]

Best to start by reading the guides

[wildbug100420 102]

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 

[DeusLion 0]

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.

[wildbug100420 102]

1 hour ago, DeusLion said:

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

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

[DeusLion 0]

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

[Noname93 200]

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 yesterday at 09:27 PM by Noname93

[DeusLion 0]

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.

[Crazy Cat 41,833]

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 23 hours ago by Crazy Cat

[DeusLion 0]

3 minutes ago, Crazy Cat said:

This is not true in this situation. 

 

 

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

 

 

 

Thank you guys for your help

 My god this group is a gem.

[Bethie 102]

17 hours ago, DeusLion said:

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

My husband had a overstay  by 3 years , and it was not brought up at none of the interviews, he is now a US Citizen.

 

Start by reading the guides of the forms you need to file.  But get the petiton filed ASAP. 

Best Wishes