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  1. #1
    Join Date
    Oct 2017
    Posts
    1

    Default Can You Get Legal Status After Marrying a Permanent Resident if you Overstayed a Visa

    Hello,

    I entered the US on a B2 Visa. I applied for the extension but never heard an answer back. The online I-94 still shows the November 2016.

    I met a wonderful girl and now I'm married. She is a LPR for past 10 years. My question is that If she petitions I-130 for me, will my overstay be a problem?. Am I allowed to get my adjustment of Status here or will I have to leave and apply from Home Country.

    (I do understand that LPR Spouses gets visas with Quotas). I can wait and she has already applied for Citizenship. Will Petitioning my I-130 create any problems for her Citizenship applications. She applied it before we got married.

    Thank you.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can You Get Legal Status After Marrying a Permanent Resident if you Overstayed a

    Quote Quoting Monaco
    View Post
    Hello,

    I entered the US on a B2 Visa. I applied for the extension but never heard an answer back. The online I-94 still shows the November 2016.

    I met a wonderful girl and now I'm married. She is a LPR for past 10 years. My question is that If she petitions I-130 for me, will my overstay be a problem?. Am I allowed to get my adjustment of Status here or will I have to leave and apply from Home Country.

    (I do understand that LPR Spouses gets visas with Quotas). I can wait and she has already applied for Citizenship. Will Petitioning my I-130 create any problems for her Citizenship applications. She applied it before we got married.

    Thank you.
    It is my understanding that if you legally entered the country, but overstayed, it is still possible to change your status based on marriage. However, there is another poster here that is very familiar with that issue who will be able to confirm if I have it right.

  3. #3
    Join Date
    Dec 2007
    Posts
    273

    Default Re: Can You Get Legal Status After Marrying a Permanent Resident if you Overstayed a

    It requires marriage to a US citizen for forgiveness of overstay through marriage.

    I suggest that both of you meet with an immigration attorney to map out a plan of action since you are illegally present.

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