Visa overstay and Adjustment of Status

[Nikita2Charles 32]

I have a friend who I knew for a long time, I never knew she was here on a tourist Visa, it's a 10 year tourist Visa, Is the tourist visa still valid, since the original expiration date is 2009, but she's been in the country for the past 5 years, I understand tourist visa stayed i thought is limited to only 6 months at a time in the country. She has a 15 years old son and he's been in the country for the past year also, I am assuming with Tourist visa also.

She just got married, would she need a waiver, Can her husband apply for her and her son to have Adjustment of Status?

[igomo 0]

Not a problem as long as she entered the country legally. I overstayed for 7 years myself.

[Kez/JWolf 6]

The expiry is of the I-94 not the visa..... but yes she can file for AOS and remain in the US as overstay is forgiven if you are married to a USC.... as long as she was inspected at her entry then she can do AOS.... she should not leave the USA until she has a greencard or she will be refused re-entry and be banned for 10 years.... as for her son.. I do not think he can do AOS as he is not the immidiate relative of a USC... she should talk to a good immigration lawyer so he/she can check that they have all the correct facts before they do anything as each case is diffrent...

Kez

[pj1959us 0]

The expiry is of the I-94 not the visa..... but yes she can file for AOS and remain in the US as overstay is forgiven if you are married to a USC.... as long as she was inspected at her entry then she can do AOS.... she should not leave the USA until she has a greencard or she will be refused re-entry and be banned for 10 years.... as for her son.. I do not think he can do AOS as he is not the immidiate relative of a USC... she should talk to a good immigration lawyer so he/she can check that they have all the correct facts before they do anything as each case is diffrent...

Kez

Since the marriage occurred before the son turned 18 years old, he is an immediate relative of the USC husband. He would submit an I-130/I-485 concurrently so that the son would adjust status as well (since according to the OP he entered on a tourist visa).

PJ

Edited September 12, 2007 by pj1959us

[JessiPooh 0]

Okay so as long as someone entered the U.S. legally (with Visa) and eventhough your visa expired years ago you are still allowed to adjust status as spouse of U.S. Citizen??? My husband's co-worker entered with visa and it expried years ago but she stayed and years later married a US Citizen. I told her that I thought an overstay was forgiven if you were married to a citizen but that I would ask.

[John & Annie 0]

Okay so as long as someone entered the U.S. legally (with Visa) and eventhough your visa expired years ago you are still allowed to adjust status as spouse of U.S. Citizen??? My husband's co-worker entered with visa and it expried years ago but she stayed and years later married a US Citizen. I told her that I thought an overstay was forgiven if you were married to a citizen but that I would ask.

Its true, its true.

She will need to show proof of legal entry

[Nikita2Charles 32]

Hi,

My friend got married and is getting ready to send out the paperwork, Does she need to have a medical exam and vaccination supplements, Does the same requirement for the other visa types apply for someone doing adjustment of status from here?

So far here what she has completed

Affidavit of Support from her

Letter of Employment from her husband Job

I-130

I-485

I-765(work permit)

They just opened an account as a couple, So far no bills yet with both of their names on it.

Letter from friends and relatives testifying to their relationship

Do they need to be notarized? I notorized the one I gave her

Does she need to file a medical and vaccination?

Does she need to sent 2 sets of I-130, I485 For her son since he's already here in the states.

Please feel free to add anything that they might have missed !!!!!

Thanks again,

Edited October 3, 2007 by Nikita2Charles

[Nancy2015 2]

Hi,

My friend got married and is getting ready to send out the paperwork, Does she need to have a medical exam and vaccination supplements, Does the same requirement for the other visa types apply for someone doing adjustment of status from here?

Yes, she needs a full medical and all the vaccinations.

I don't know the answers to the other questions - we filed I-130 in the dark ages when no proof of relationship was required at the time of filing.

[John & Annie 0]

Hi,

My friend got married and is getting ready to send out the paperwork, Does she need to have a medical exam and vaccination supplements, Does the same requirement for the other visa types apply for someone doing adjustment of status from here?

So far here what she has completed

Affidavit of Support from her

Letter of Employment from her husband Job

I-130

I-485

I-765(work permit)

They just opened an account as a couple, So far no bills yet with both of their names on it.

Letter from friends and relatives testifying to their relationship

Do they need to be notarized? I notorized the one I gave her

Does she need to file a medical and vaccination?

Does she need to sent 2 sets of I-130, I485 For her son since he's already here in the states.

Please feel free to add anything that they might have missed !!!!!

Thanks again,

The US Citizen need to fill out an I-864 -Affidavit of Support

[eau_xplain 2]

Does she need to sent 2 sets of I-130, I485 For her son since he's already here in the states.

They will need to submit separate I-130, I-485, I-693 (with vac supplement I-693A), I-864 for the son too.

[Nikita2Charles 32]

2 sets of FEES?

[SammyPajammy 0]

This situation almost mirrors my own.

Came in on a tourist visa, that does not expire till 2010. It is only "good" for 6 mths. I have been here nearly 8 yrs on an overstay with 2 kids (age 13 and 9). I am married to a USC (plus I gave birth to a USC). I am using a lawyer for my AOS, but we have only had to submit (and pay for) I-130 and I-485 for each of us (me and 2 kids). So 6 "lots" of papers in all.

As has already been stated, the important thing is that she was inspected at entry, ie: she entered legally.

Lots of proof of relationship (no probs for us as we have been together 10 yrs), usual medical for AOS and biometrics, plus I had to have a ton of vacs.. URGH!

[NArocks 13]

My husband overstayed by 6 years. Married in April 2007 and filed AOS pack in May 2007 and are already approved. Make sure you have the copy of the I-94 as this shows that they entered legally. All is basically forgiven when you marry a USC. Again as long as they entered legally. Proof of relationship comes during the interview. Start gathering Documnets now for this. And Read the instructions on each and every form you fill out.

Sorry can not answer about the child as my step kids are out of the country currently.

Good Luck