Visitors Visa and Immigration

[Fuhberry]

What happens if someone who`s on a visitor visa and they want to get married to someone from here lets say a Green card holder or a USC. GC holder has not passed teh 5 yr earmark so would have to wait 2 years but can the Visit Visa Holder can over stay for 2 years and then apply for Adjustment of Status.

Any experiences????/

 

[Triple Citizen]

The overstayer should be able to apply for AOS once the GC spouse naturalises (which is never a guarantee).

GC holder has not passed teh 5 yr earmark so would have to wait 2 years but can the Visit Visa Holder can over stay for 2 years and then apply for Adjustment of Status.

 

[Concerned4us]

Once the I-94 expires, the individuals accrues illegal presence and could be deported. A future USC should expect to obey all laws - even ones that are inconvenient to him personally. A GC holder can apply for a spouse but illegal presence will not be forgiven.

Everyone assumes that USC is easy to obtain. There are certainly instances where a person should not attempt to naturalize because issues that are not a problem for a LPR can prevent naturalization or can trigger revocation of LPR and trigger deportation. So to assume that everything will be OK for an illegal spouse can easily backfire. OBEY ALL THE LAWS. The visitor should return home before the expiration of the I-94 since pending AOS of the spouse of an LPR does not grant the right to remain illegally in the US.