U.S. Citizen marrying a B2 Visa holder who is no longer in status

S

sanjs.255

New Member
Hi,

A U.S. Citizen would like to marry a person who has B2 visa, but is no longer in status. The individual never left after 180 days (time allotted to stay in the country). What would be the process to bring them back into status if they were to marry the Citizen? (Preferably without having them have to return to their home country and reapplying.)

Thanks!
 
After marriage, they would apply for a green card via Adjustment of Status by filing I-130 and I-485 (and other associated forms). It's very straightforward. That they are out of status, and how long they may have been out of status, are irrelevant since they are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen). All that matters is that they entered legally.
 
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