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  1. #1
    Join Date
    Jun 2009
    Location
    New York, NY
    Posts
    1

    Default Citizen Married to an Immigrant Who Has Overstayed a Visa

    I am a US citizen married to a Polish foreigner with an expired visa. ( c1/d visa) He entered the country legally but overstayed and has worked here legally with his tax i.d for many years;never been arrested or any troubles with the law. I know this type of visa can not be adjusted so Id like to know what steps we need to take in order to start the green card process since he is my spouse? Ive read that he may have to fly back home first in order to start the paper work, then Ive also read that since he's here already we can go from there. Im confused.

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

    Default Re: Citizen Married to an Immigrant Who Has Overstayed a Visa

    You mean he's worked illegally, but with his tax ID. I don't have any good answer for you. He should consult an immigration lawyer.

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