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Overstayed w/ B-2 Visa but married to USC...What's next??

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  • Overstayed w/ B-2 Visa but married to USC...What's next??

    My husband overstayed his B-2 Visa but we were recently married. We want to know what's the next step or will his overstay cause problems???
    Thanks for any help that you can give

  • #2
    My husband overstayed his B-2 Visa but we were recently married. We want to know what's the next step or will his overstay cause problems???
    Thanks for any help that you can give

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    • #3
      He still can be deported... since he is oversayed.

      The best thing to do is to apply using I-130 Petition for Alien Relative...

      Then you would need to use AOS (Adjust of Status)because he oversayed his visa

      This is not a big deal since he is not unducumented, just oversayed.

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      • #4
        I-130 (PETITION FOR ALIEN RELATIVE)

        I-485 (ADJUSTMENT OF STATUS)

        I-765 (WORK AUTHORIZARTION)

        IT'S QUICKER

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        • #5
          If you are a USC and he entered legally you should file the whole package. The overstay and even an unauthorized work before you filed is not gonna be a big problem.

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          • #6
            JOSEPHINE SCHMO said:

            I-130 (PETITION FOR ALIEN RELATIVE)

            I-485 (ADJUSTMENT OF STATUS)

            I-765 (WORK AUTHORIZARTION)

            IT'S QUICKER

            Wouldn't that be a petition for alien fiance (I think it's an I-29?) instead of alien relative? Aren't these two different forms.
            Also, are you saying that if you marry a U.S. citizen, an overstay is forgiven even if it was over a year?

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            • #7
              The I-129F applies to fiance visas. You should file the I-130 with the AOS package. Contact me at info@myronmorales.com if you have any questions.

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