Overstayed Tourist Visa, Now Married

**miragesea** · 01-11-2009, 02:36 PM

A person who had a tourist visa/B2 for 3 mos extended it and received a 6 month extension. If this person does not leave at the end of the 6 mos extension and subsequently 6 mos, 1 yr. ....etc....afterwards gets married to an American citizen. Can they apply for a greencard based on this marriage even if they were out of status since the B2 visa expired? thanks

**LawResearcherMissy** · 01-11-2009, 08:03 PM

If you entered legally, you're in pretty good stead.

Your spouse will need to file the I-130 and the I-485 on your behalf.

**miragesea** · 01-12-2009, 05:08 AM

Thanks. The entry was legal....that is with a B2 visa from overseas and 3 mos visa at the customs and then a 6 mos extension. So, USCIS does not care that you do not leave the US once your visa expires? you can stay in the US illegally without visa and then apply for perm. residency thru marriage to a US citizen?

**LawResearcherMissy** · 01-12-2009, 05:31 AM

Oh, they care. You'll be interviewed to a fare-thee-well to ensure that the marriage is not one of simple convenience.

Being allowed to file these forms after overstaying a legal entry is a courtesy to your citizen spouse, not to you.