Hi... I came to US on H1 B visa... and my visa expired after 2 months. I overstayed in US for 3 years ...If i marry US Citizen ... will i be able to adjust my status and stay in US. Please advise different options i have. I want to go back to india soon. I just want to know if i can adjust status by marrying uscitizen.
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Can i adjust status marrying US Citizen
- Thread starter Azure123
- Start date
I don't know much about this, but I do know that if you go back to India and you've overstayed your visa for 3 years, you won't be allowed back into the US for 10 years, no matter if you married a USC or not.
So, whatever you do DON'T LEAVE THE US until you have adjusted your status here.
So, whatever you do DON'T LEAVE THE US until you have adjusted your status here.
Azure123 said:Hi... I came to US on H1 B visa... and my visa expired after 2 months. I overstayed in US for 3 years ...If i marry US Citizen ... will i be able to adjust my status and stay in US. Please advise different options i have. I want to go back to india soon. I just want to know if i can adjust status by marrying uscitizen.
Im not sure if you phrased your question right, but ill give you the benefit of the doubt. If you are in the process of getting married to a USC and want to know if that would help you adjust to a legal status, i would say Yes it would, but strong advise is NOT to travel using Advance parole till you get your GC approved (else you would trigger the 10 year bar from entering the US).
On the other hand, if you are in an illegal status and think the only way to get your status legalized is to find a USC and get married, the answer would still be a yes, but then i would have to caution you against the kind of responses you would receive from others here. (There was someone earlier who was looking for a USC to get married so he could get a GC and legalize his status and even posted on this forum asking for a USC to get married to in return for money, but sadly, that thread got so many nasty responses). Like i said, pls phrase your questions correctly if you want a correct answer.
ateganda29
Registered Users (C)
what patty579 and ari4u said is true. marrying a USC will pardon your overstaying. however, don't travel outside the US while waiting for your GC because it will trigger the 3/10 year ban, regardless if your spouse is a USC. pardoning ones overstay due to marriage to a USC means that you do not have to go back to your home country while waiting for the application to go through. that you can stay here and even work legally (if you apply EAD) while waiting to adjust your status. but once you leave the US before you receive your GC, you will trigger the 3/10 year ban since you overstayed.
now, i have a question of my own. i know out of status/overstaying is somewhat different if you have an F-1 visa because they are looking at one's d/s (duration of status). is it true that if you have an F-1 visa which is still valid (meaning not expired) but you fell out of status (meaning did not enroll full-time or failed to enroll a semester or two), and you married a USC, you can still apply for an AP (advance parole) and leave US for a vacation while waiting for your GC. meaning, you will not trigger the 3/10 year ban because technically, your F-1 is still valid through the D/S (duration of status), you just fell out of status. is my understanding correct?
now, i have a question of my own. i know out of status/overstaying is somewhat different if you have an F-1 visa because they are looking at one's d/s (duration of status). is it true that if you have an F-1 visa which is still valid (meaning not expired) but you fell out of status (meaning did not enroll full-time or failed to enroll a semester or two), and you married a USC, you can still apply for an AP (advance parole) and leave US for a vacation while waiting for your GC. meaning, you will not trigger the 3/10 year ban because technically, your F-1 is still valid through the D/S (duration of status), you just fell out of status. is my understanding correct?
goodguysvnr
Registered Users (C)
Out of status/overstaying
As far as my knowledge goes, for F-1 or in fact for any visa if you do not follow the rules to maintain your status then you are automatically out of status and you are over staying your visa. For F-1 specifically everything is with your I-94. Even though a individual might have a valid visa but if his I-94 is no good then the visa is also not good. If any individual on a F-1 visa is filing for an adjustment of status thru family and has a valid visa but the I-94 is no good then they are out of status and you accrue illegal presence( or overstaying your visa) since the day your I-94 expired. So when filling out the application, even though you have a valid visa please mention that you are out of status. If you do not then you are putting yourself into a lot of trouble.
I hope my answer is relevant to your question and if it is not then please excuse me.
Thanks and Good Day,
Goody
As far as my knowledge goes, for F-1 or in fact for any visa if you do not follow the rules to maintain your status then you are automatically out of status and you are over staying your visa. For F-1 specifically everything is with your I-94. Even though a individual might have a valid visa but if his I-94 is no good then the visa is also not good. If any individual on a F-1 visa is filing for an adjustment of status thru family and has a valid visa but the I-94 is no good then they are out of status and you accrue illegal presence( or overstaying your visa) since the day your I-94 expired. So when filling out the application, even though you have a valid visa please mention that you are out of status. If you do not then you are putting yourself into a lot of trouble.
I hope my answer is relevant to your question and if it is not then please excuse me.
Thanks and Good Day,
Goody
There is a difference between "out of status" and "overstay", that depends on the case and the status of the person.
http://www.region7.nafsa.org/FALLING OUT OF STATUS.htm
http://www.region7.nafsa.org/FALLING OUT OF STATUS.htm