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    Let me put this to all experts: Since I was out of touch for long time.
    Few weeks back I was asked the following question:

    A person arrived in U.S. on F-1 visa 1995/96 completed his school in 1999. But his I-20 and Visa was valid until Dec. 2000.
    Since then he is in the U.S.
    Now he plans to marry an Alien Resident......What should he do.....?

  • #2
    Let me put this to all experts: Since I was out of touch for long time.
    Few weeks back I was asked the following question:

    A person arrived in U.S. on F-1 visa 1995/96 completed his school in 1999. But his I-20 and Visa was valid until Dec. 2000.
    Since then he is in the U.S.
    Now he plans to marry an Alien Resident......What should he do.....?

    Comment


    • #3
      he can marry.. PR spouse can petition for him, but that won't give him any status

      As a spouse of PR, he would have to wait for an immigrant visa number to become available to him (about 5 years), but then he would not able to adjust status in the USA if his wife is still PR.

      When the wife becomes USC, she can upgrade the petition and he can file to adjust status in USA.

      Comment


      • #4
        Kumar, give us his address, so we can send him the correct advice.

        Comment


        • #5
          aneri & davdah: You two are giving some hope to her, and she thinks that she has 2/3 years to go for her Citizenship.
          If she get married now it's a long way to go...
          If she file now as Alien Residence for him it will be kept pending for near about 3 years. as soon as she become a Citizen, even then she might run into some kind of problems as well.
          I under stand that LPR can not apply for AOS, unless she is a citizen...and then she will have to pay the penatly of $1000.00 for his overstay...
          I know few case of overstayed persons, they got married to LPR they had to pay $1000.00 at the time of Interview for AOS...
          Since I am not in contact with this board since 1906. and have lost the track of all those good guys who used to be here two of them are aneri and davdah...
          federale86; I don't think you can understand the immigration processing.....?

          Comment


          • #6
            you are mixing things up

            - PR can marry at any time

            - PR can petition for a spouse, but a spouse, in this case, would not be eligible to adjust status because of an overstay.

            - spouses of USC may adjusts status even if they have overstay. -> PR would have to become USC before a spouse can adjust status

            - $1000 fine is for those who adjust status under 245(i). There are some conditions and one being that a person adjusting status had to have I-130 filed on his/her behalf before April 2001. Now, your frind's spouse was here at that time. Let's assume an employer petitioned for him back then (but it did not work out). So, he could be eligible for 245(i), and that would mean that he pays a fine and CAN adjust status as a spouse of PR even though he overstayed.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Since I am not in contact with this board since 1906 </div></BLOCKQUOTE>

              You're older than you look
              "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

              Comment


              • #8
                Thank you aneri, I am collection some more info and will get back to you

                Comment


                • #9
                  He will not get cancellation of removal. He will be arrested and placed in proceedings.

                  Comment


                  • #10
                    Under what Law.....?
                    Can you prove that....?

                    Comment



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