USC student married to overstayed B2

J

justnew

Registered Users (C)
Hi everyone,

Some family friends came to my house yesterday and one of them post this question to me but I did not have much acknowlege on what is the right answer and decide to share is here.

A USC who is in her third year at the University studing Medicine just got married to an overstayed B2 visa.

She is 23yrs old and has never done any serious job before bcos her parents her paying part of her school fees and her also got grant.

Is there any chance that she could apply for her husband since she has never file any taxes.

Her father is willing to act as a co-sponsor but as the petioner does this mean that she will not fill the affidavit of support form since she does not have any for of income for now. She is despirately looking for ways to make him legal so that he can work and they can start their home together bcos they are leaving at her parents basement for now.
Pls note that he his also a medical doctor from his country

Thanks for your opinion
 
Just an opinion and far from being a legal advice, ok?

She needs to file the affidavit of support and show a zero income (or below the poverty line) to make the co-sponsor a valid one.

I read somewhere that overstay is forgiven if married to a USC. I also think that the couple should consult a lawyer and perhaps file with if possible.

Good luck for you and them. Remember, this is what I would do if I were them, that's all, no experience or prior knowledge.
 
I don't think they will have any problems applying for AOS.
As icman said, his overstaying will be pardoned, being married to a USC. (He just shouldn't travel outside the US for now, until he has got an Advance Parole)
Read here about sponsorship:
http://uscis.gov/graphics/howdoi/affsupp.htm#whois
If her dad meets the conditions (has to earn enough to sponsor the entire household), then they are fine.
 
There is no problem at all, and there (if you want) no need of a lawyer since there is no really any problem in the entire case (if is exactly as you posted), before apply she can check out a lot of information over here as well.

1. Read everything that you can at www.uscis.gov
2. She needs to file the Affidavit of Support I-864 even she does not have any income (=0.00) or even is not working. She does need joint sponsor and they must meet the requirements for joint sponsor (read the instructions).
3. Their joint sponsor will file I-864A and they must be over the poverty level 125%. Read the instructions of the Affidavit of Support over and over again.

Good luck,
 
patty579 said:
I don't think they will have any problems applying for AOS.
As icman said, his overstaying will be pardoned, being married to a USC. (He just shouldn't travel outside the US for now, until he has got an Advance Parole)
Read here about sponsorship:
http://uscis.gov/graphics/howdoi/affsupp.htm#whois
If her dad meets the conditions (has to earn enough to sponsor the entire household), then they are fine.
Click to expand...

Actually... applicant should avoid travelling using an AP as that might trigger the 3/10 year bar depending on the length of overstay.
 
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