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Expired Tourist Visa and Subsequent Marriage

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  • 02-09-2006, 06:16 PM
    nsyren
    Expired Tourist Visa and Subsequent Marriage
    What are the proper forms to file when an individual has overstayed his tourist visa, subsequently entered into a valid marriage with a US citizen? I have the I-485 but am unclear what "application type" I would be applying for.
  • 02-10-2006, 02:13 AM
    Mr. Knowitall
    Marriage After Expiration of Visa
    You have the right form, but you fall under category H ("other basis of eligibility"). The USCIS advises,
    Quote:

    Quoting Other basis of eligibility.
    If you are not included in the above categories, but believe you may be eligible for adjustment or creation of record of permanent residence, contact our National Customer Service Center at 1-800-375-5283 for information on how to use InfoPass on our internet website (www.uscis.gov). InfoPass can help you make an appointment at your local USCIS office concerning your possible eligibilty.

    Do not leave the country until this is resolved, as you may find that you are both unable to return and subject to a period of exclusion.
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