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  1. #1
    Join Date
    Feb 2006
    Location
    Alaska
    Posts
    1

    Default 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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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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