Married in the US- not sure what to file!

M

mb386

New Member
My husband was granted a student visa almost six years ago. He overstayed his visa after he stopped attending university here. At the time, he was granted a SSN although it states he is only permitted to work with INS authorization.
We met and eventually married here in the US. Since he overstayed his student visa do we file to adjust his status or do we file a spouse visa? He has been working without authorization from the INS. Does this have any effect in how or what we would need to file?
 
In that case you file I-130 and I-485 together and he will get his GC in about 6 month. You can apply for EAD, but you don't need to apply for AP since he can't and shouldn't travel until he receives his GC due to him being out of status. You might want to get an attorney since there will be questions about him being out of status.
 
all u have to do is file the AOS package. my husband was an f1 student who went out of status in 05. when u marry a citizen u are forgiven. u dont need a lawyer. i did ours all by my self just read the instructions. u can get a list of the doc to send in on www.visajourney.com. good luck
 
anthia said:
all u have to do is file the AOS package. my husband was an f1 student who went out of status in 05. when u marry a citizen u are forgiven. u dont need a lawyer. i did ours all by my self just read the instructions. u can get a list of the doc to send in on www.visajourney.com. good luck
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Have you completed the process or have you submitted it recently and still in the middle of obtaining citizenship for your husband?
 
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