Results 1 to 4 of 4
  1. #1
    Join Date
    Jan 2009
    Posts
    5

    Default Overstayed Tourist Visa, Now Married

    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

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Overstayed Tourist Visa, Now Married

    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.

  3. #3
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Overstayed Tourist Visa, Now Married

    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?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Overstayed Tourist Visa, Now Married

    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.

    1. Sponsored Links
       

Similar Threads

  1. Marriage: Married 4 Years With an Expired Tourist Visa
    By hchazari in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 04-13-2011, 02:51 PM
  2. Marriage: Boyfriend Entered As Minor, Overstayed Tourist Visa, Should We Get Married
    By azimuth in forum Visas for Business, Tourism and Family
    Replies: 9
    Last Post: 05-07-2010, 11:49 AM
  3. Tourist Visa Overstayed Married to Permanent Resident
    By rocco48 in forum Immigration Issues
    Replies: 2
    Last Post: 10-09-2009, 02:12 PM
  4. Unlawful Presence and Overstay: Overstayed a Tourist Visa, How Can I Get My Green Card?
    By lawstudent in forum Immigration Issues
    Replies: 1
    Last Post: 09-01-2008, 08:25 AM
  5. Unlawful Presence and Overstay: Overstayed Tourist Visa As A Minor, Now An Adult
    By laubau in forum Immigration Issues
    Replies: 2
    Last Post: 03-08-2008, 01:19 AM
 
 
Sponsored Links

Legal Help, Information and Resources