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  • married but overstayed.

    what happened when you get married but you did overstayed ( you came legally).
    I know that if my wife leave the country she will have the bar, but my question is more like :
    when we go to the interview can they send her back or do something to her ?
    We just got married.
    Thanks.

  • #2
    i also want to know this!
    And how long it will take to get EAD?

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    • #3
      Even if she overstayed, you are still allowed to file the paperwork providing that the visa she came in does not render her ineligible for AOS.

      If they deem your marriage a real one, then she'll get her green card, if not then they will send her home.
      After you file the paperwork, they will not send her home for just overstaying.


      General Info for AOS:

      http://www.ins.gov/graphics/howdoi/legpermres.htm


      Here is a link that will help you with the paperwork for AOS:

      http://www.ins.gov/graphics/howdoi/LPRApplication.htm


      Eligibility for AOS:

      http://www.ins.gov/graphics/howdoi/LPReligibility.htm

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      • #4
        Do NOT let her leave the country, as she will definitely be barred.

        File the adjustment of status now! And get a good lawyer just in case.

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        • #5
          Right, I forgot to mention, even when you file your paperwork, make sure she doesn't leave like juju said because she will still be barred from re-entering.

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          • #6
            Exactly - if your wife won't be granted the green card, they'll put her on deportation proceedings, just because she's illegal. However, if they determine that the marriage was entered fraudulently, things may get even worse, and they may even detain your wife (although most likely will release her on bond.) I would say it's key to prove for the INS (and you will have the most imortant role in this process) that yours it's a 'bonafide' marriage, and not one entered just to enable your wife to get a green card. Good Luck!

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            • #7
              ...but how long it will take to get EAD?

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              • #8
                ...but how long it will take to get EAD?

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                • #9
                  Hey, cool down. There's nothing to worry about. As long as she came here legally, and married to you being USC, and marriage is a bona fide one, there's nothing to fear.Being married to USC will absolve her from her minor INS problems, those will be forgiven. Just apply the proper docs., once I-130 is approved, you can apply for her AOS, EAD, etc. If you're in doubt which papers to fill out there is a website for that but you can ask the INS, they will tell you what to do. Goodluck and I'm positive she will get her greencard.

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                  • #10
                    What about the same situation but if she came illegally, never had a visa or anything?

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                    • #11
                      The EAD won't take long, i think it's a few months. I think if you don't get it within a period of time, you can go down and request one.

                      As far as the last poster goes, if she entered illegally, with no visa, no inspection, there is nothing you can do right now.

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