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Green card for a spouse who overstayed her visa
- Thread starter blkhawk
- Start date
pianoplayer
Registered Users (C)
blkhawk said:Hi guys,
I would like to know if the spouse of a US citizen is subject to the 3/10 year bar for overstaying a B1 visa. Would the spouse still be able to adjust status without problems?
Thank you,
Assuming that the spouse is still in the US, she can adjust status. She should avoid any travel until she receives the GC and should NOT use AP.
TheRealCanadian
Volunteer Moderator
blkhawk said:So if she ever left the USA before adjusting status, she would still be subject to the 3/10 year bar?
Yes.
don't spouses of US citizens get a waiver?
No.
Addie_Goodvibes
Registered Users (C)
Foreign Spouses of USC who overstayed their visa do not "get a Waiver"
However, If they have not worked or entered the USA w/ out inspection and if all that was done was overstay, then once they are married to a USC
The overstay is usually forgiven and rarely adressed, That is not to say she is granted 100% gaurantee of immunity.
The USC should file an I-130 concurrently with the foreeign spouses'
AOS I-485. As soon as possible!
The spouse who overstayed VISA should NOT:
Leave the country or Apply for any GOvt. benenfits until authorized by USCIS ( except Emergency medical) Should not work or travel until GC is received.
Now USC and beneficiatry Spouse should establish evidence of legit marriage ( joint accounts, leases, ect.. ) and once every thing is in order file I-485/ I-130/ I-864 Concurrently)
My spouse Overstayed her Visa We waited for over 1.5 Years before we even filed AOS,
I dont reccomend you do as we did, I mention it only to establish that an overstay visa can be forgiven and AOS can be granted under most circumstances, so long as the intending Immigrant has not violated any other laws or USCIS immigration laws.
We stayed under the radar and she did not work or travel for the past 2 years. 196 days after we filed AOS package ,She now is a Legal permanant Resident and has a 10 Year GC.
However, If they have not worked or entered the USA w/ out inspection and if all that was done was overstay, then once they are married to a USC
The overstay is usually forgiven and rarely adressed, That is not to say she is granted 100% gaurantee of immunity.
The USC should file an I-130 concurrently with the foreeign spouses'
AOS I-485. As soon as possible!
The spouse who overstayed VISA should NOT:
Leave the country or Apply for any GOvt. benenfits until authorized by USCIS ( except Emergency medical) Should not work or travel until GC is received.
Now USC and beneficiatry Spouse should establish evidence of legit marriage ( joint accounts, leases, ect.. ) and once every thing is in order file I-485/ I-130/ I-864 Concurrently)
My spouse Overstayed her Visa We waited for over 1.5 Years before we even filed AOS,
I dont reccomend you do as we did, I mention it only to establish that an overstay visa can be forgiven and AOS can be granted under most circumstances, so long as the intending Immigrant has not violated any other laws or USCIS immigration laws.
We stayed under the radar and she did not work or travel for the past 2 years. 196 days after we filed AOS package ,She now is a Legal permanant Resident and has a 10 Year GC.
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TheRealCanadian
Volunteer Moderator
Addie_Goodvibes said:The overstay is usually forgiven and rarely adressed, That is not to say she is granted 100% gaurantee of immunity.
The relief given to an Immediate Relative is non-discretionary, and is not a case of "usually", as mentioned in Section 245(c)(2). That means that USCIS is not permitted to deny an adjustment on this basis.
Addie_Goodvibes
Registered Users (C)
redp said:Umm. I have the same issue. What does AOS mean???
AOS= Adjustment Of Status Adjustment of Status applied for by an intending immigrant who entered the USA Legally on a Non immigrant Visa & wishes to Adjust status to that of a legal resident. Form I-485
One can only adjust Status if they entered the USA legally with inspection.
An illegal Alien who entered with out visa or with out inspection Can not Adjust Status.
TheRealCanadian- Thank you for the clarification, I noted usually, as USCIS may deny petition on grounds of entering USA on Non immigrant visa with intentions to immigrate, although it was 3 years ago. I know of a couple this happened to.
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