AOS while married to a permanent resident

[AOS_GUY]

My friend is has overstayed his visa. He is in a serious relationship with a PR and planning to get married. The PR will become a US citizen next June.

Should they wait to get married an apply for AOS or should they just get married and apply for AOS now.

I understand that the process would be faster if they wait until his girlfriend becomes a USC, but he is worried about staying the country illigeally. Would he still be here illigeally if files now?

 

[Jackolantern]

People who are in the US illegally cannot apply for AOS based on marriage to a permanent resident. And even if they were here legally, they still would have to wait for 4-5 years after the I-130 filing to become eligible to file AOS based on marriage to an LPR.

 

[AOS_GUY]

I see. I am not sure if he is here illegally. His visa hasn't expired yet but he has stayed in the US over 3 months on a tourist visa.

If he was still here legally once a the I-130 is filed does that mean that he can stay here until the case is approved. Can he get a work permit?

 

[Triple Citizen]

No work permit either. Until ths PR becomes a US citizen, your friend has to live in the shadows. I am guessing he came here on the visa waiver program and overstayed.

I see. I am not sure if he is here illegally. His visa hasn't expired yet but he has stayed in the US over 3 months on a tourist visa.

 

[AOS_GUY]

No he came on 1 year tourist visa...but at POE was told that couldn't stay longer than 3 months.

 

[Triple Citizen]

If the I-94 date has expired, he is considered an over-stayer. His visa validity counts for nothing. Does he have any idea why he was given just 3 months? Was he questioned about his relationship with the LPR status holder?

No he came on 1 year tourist visa...but at POE was told that couldn't stay longer than 3 months.

 

[AOS_GUY]

He didn't even know the LPR when he entered. I am not sure why it was only given 3 months. He was asked what the reason for the visit was and based on the answer the POE officer gave only 3 months. The date on the I-94 has already passed. Does that mean that he is here illigeally now? Can he change status to student visa? What would be the best way to stay here legally until the LPR becomes a USC? Should they get married after the LPR becomes USC or before?

 

[Triple Citizen]

That is good.

He didn't even know the LPR when he entered.

Yes, he is an overstayer and no he cannot convert his status to that of a student. He cannot convert this to any legal status because of having over-stayed. All COS/EOS requests will be denied. They can get married before or after the LPR becomes a US citizen, but his change of status to that of a permanent resident will start only after they are married and the LPR naturalises.

The date on the I-94 has already passed. Does that mean that he is here illigeally now? Can he change status to student visa? What would be the best way to stay here legally until the LPR becomes a USC? Should they get married after the LPR becomes USC or before?