Hello, everyone.

I live in NYC and I found this great website to be a part of in helping me with my questions.

First of all what visa does one file if a citizen married a visa overstayer?
I tried to read some sections but still confusing.

Does it mean that the spouse has to return to its home country in every case?

Thanks so much.

Any overstay will be forgiven if one is married to a USC. You can simply file for AOS (Adjustment of Status). Good luck!

more details

Yes more details are needed. You may be able to file AOS directly if he is here. But an overstand and how he entered could cause complications.

Find a lawyer and talk to him/her before you do anything.

He flew in as a visitor,tourist 2000. He came when he was 14 so now hes 21. Entered legally. Lived in New England for all this time and moved to NYC recently.

Im very confused as how this works. I saw the list and I want to do myself to keep cost down. So i really dont want to consult a lawyer.

The I-130 package is what i need i guess. Probably the K3 right?

This is what i understand.

I need two g-325a forms, one for me and another one for him.
I-864
I-485
I-765

Also, we are getting married monday. He wants to change his last name to mine. Is that a problem since all of his documents, passport, wont have the same last name. He says he wants to change his family name to mine because I have children from a different father and he wants us to have the same last name altogether without changing my kids last name.

Thanks everyone

ID

Overstays are normally forgiven through marriage to a USC. But I'm not sure what it effect it could have on this process. For those outside of the country, a visa overstay would require a wavier in order to get a visa to the US. 180 day overstay = 3 year ban. 365 day overstay = 10 year ban.

If he is currently in the country, you do not need a visa, you simply skip to filing for Adjustment of status. You will file for it a bit diffrently than most people, You will need to include form I-130 with your AOS package. And I think your fiancee needs to have a full medical done at a designated civil surgon.

Your fiancee cannot leave the country until he recieves AP (if you apply for it) or gets his green card. If he does leave without that, he wont be allowed back in without a K-3 or IR-1/CR-1 visa. And then you will definetly have to deal with the overstay ban. If you have more questions, check out the AOS forum.

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Overstays are normally forgiven through marriage to a USC. But I'm not sure what it effect it could have on this process. For those outside of the country, a visa overstay would require a wavier in order to get a visa to the US. 180 day overstay = 3 year ban. 365 day overstay = 10 year ban.

If he is currently in the country, you do not need a visa, you simply skip to filing for Adjustment of status. You will file for it a bit diffrently than most people, You will need to include form I-130 with your AOS package. And I think your fiancee needs to have a full medical done at a designated civil surgon.

Your fiancee cannot leave the country until he recieves AP (if you apply for it) or gets his green card. If he does leave without that, he wont be allowed back in without a K-3 or IR-1/CR-1 visa. And then you will definetly have to deal with the overstay ban. If you have more questions, check out the AOS forum.
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Thank so much. It make more sense now to me. Ill be going to the other forum for better exposure.