ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: married but overstayed.

  1. #1
    Guest
    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. #2
    Guest
    i also want to know this!
    And how long it will take to get EAD?

  3. #3
    Guest
    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

  4. #4
    Guest
    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.

  5. #5
    Guest
    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.

  6. #6
    Guest
    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!

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

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

  9. #9
    Guest
    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.

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

Similar Threads

  1. Married to overstayed
    By Kumar555 in forum Immigration Discussion
    Replies: 4
    Last Post: 02-02-2010, 09:18 PM
  2. Married to an immigrant who overstayed B1/B2 Visa!
    By needing answers in forum Immigration Discussion
    Replies: 9
    Last Post: 12-20-2007, 09:11 PM
  3. getting married on a overstayed Visa
    By Gerardo in forum Immigration Discussion
    Replies: 46
    Last Post: 10-08-2007, 11:46 AM
  4. Visa Overstayed married to USC
    By Adam in forum Immigration Discussion
    Replies: 6
    Last Post: 11-11-2004, 09:23 AM
  5. Replies: 6
    Last Post: 03-28-2003, 04:08 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: