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  1. #1
    Join Date
    Jun 2008
    Posts
    2

    Default Is The Time Between Marriage And Filing Paperwork Considered An Overstay?

    My husband came to usa in august of 06 as a visitor from the UK. We were married in Oct of 06. We didn't get all the paperwork filed and fees paid until June of 07. He just recieved his EAD card in may 08. And our I 485 interview is in 2 weeks.

    Would that time between when we were married and when we filed the paperwork (8 months) be considered an overstay or anything to worry about?

    Also.. does it make a difference that he came here as a visitor and stayed? Will that come up in the interview?

    Thanks
    JJ

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is The Time Between Marriage And Filing Paperwork Considered An Overstay?

    If you stay past the end of your visa, you overstay. Trying to adjust your status on the basis of marriage doesn't erase the overstay - that's one of the reasons you do not leave the country without advance parole during the period your status is being adjusted.

    If he entered as a tourist and married, that could come up during the interview. They may be interested to try to determine if he misrepresented his purpose when he entered the country, by claiming to be entering as a tourist when he in fact intended to marry and seek permanent residency.

  3. #3
    Join Date
    Jun 2008
    Posts
    2

    Default Re: Is The Time Between Marriage And Filing Paperwork Considered An Overstay?

    Thank you Aaron for answering.

    So will the overstay cause him any problems since he didnt leave the country while adjusting status?


    And.. what should we do about the fact he stayed and married me, rather than leaving since it was supposed to be only a visit? Could it cause him to have to go back to london?

    Thanks again
    JJ

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