AOS to green card after overstayed visa

[SallyM9025 0]

I entered the US legally and tried to adjust to a F-1 visa but was denied and I overstayed by over a year.

 

I met my boyfriend (who is a US citizen) and want to get married soon. If we do get married, would there be any problems when we try to adjust the status to a green card?

[Cyberfx1024 7,978]

13 minutes ago, SallyM9025 said:

I entered the US legally and tried to adjust to a F-1 visa but was denied and I overstayed by over a year.

 

I met my boyfriend (who is a US citizen) and want to get married soon. If we do get married, would there be any problems when we try to adjust the status to a green card?

You entered legally in to the USA so that part is good. When you file for AOS you have to be able to submit enough evidence to ensure that whoever is analyzing your packet knows that you didn't just get married in order to get a greencard. So that is the biggest issue that you have right now. 

[SallyM9025 0]

Ok so that would be the only problem in this situation?

 

What is considered evidence?

[JFH 12,189]

13 minutes ago, SallyM9025 said:

Ok so that would be the only problem in this situation?

 

What is considered evidence?

Evidence that you have been in a loving relationship that led to marriage in a natural progression of time. Not someone you met last week and arranged to marry because you are worried about deportation. 

[Orangesapples 1,954]

As long as the marriage is real, you have good evidence of commingling of finances and living together, your future husband has an income above the poverty line for both of you or you find a cosponsor, and you don't have any criminal past, you'll be fine. 

[Ontarkie 13,920]

~~Spammer removed~~

[Starkilla09 366]

51 minutes ago, SallyM9025 said:

Ok so that would be the only problem in this situation?

 

What is considered evidence?

For the most part you should be fine adjusting as an immediate relative of a U.S. citizen. You'll need to submit a laundry list of bona fide marriage documentation ranging from a joint lease/tenancy, wedding photos, joint financial liabilities such as bank accounts, credit cards, joint bills such as water, sewage, garbage, cable, internet, phone, joint insurance policies such as car, health, life, a will or medical power of attorney. You don't need to have all to be able to demonstrate but the more you can get the better. Now with that being said the only other hiccup I could think of regarding your case is if you're adjusting while being placed in removal proceedings. I'm mentioning this point because you said you applied for a change of status to F-1 after arriving the U.S. from some other non-immigrant status and that F-1 change of status was denied. Normally once a non-immigrant change of status is denied, and the applicant doesn't have a valid status to fall back on to that can trigger a referral for removal proceedings. If that were the case with you then you won't be able to adjust through USCIS, as a motion to reopen will have to be filed in front of an immigration judge to close the case and send it back to USCIS for adjudication. If you unfortunately get to that level you'll need to lawyer to clean it up.

Edited May 21, 2018 by Starkilla09

[SallyM9025 0]

3 hours ago, Starkilla09 said:

For the most part you should be fine adjusting as an immediate relative of a U.S. citizen. You'll need to submit a laundry list of bona fide marriage documentation ranging from a joint lease/tenancy, wedding photos, joint financial liabilities such as bank accounts, credit cards, joint bills such as water, sewage, garbage, cable, internet, phone, joint insurance policies such as car, health, life, a will or medical power of attorney. You don't need to have all to be able to demonstrate but the more you can get the better. Now with that being said the only other hiccup I could think of regarding your case is if you're adjusting while being placed in removal proceedings. I'm mentioning this point because you said you applied for a change of status to F-1 after arriving the U.S. from some other non-immigrant status and that F-1 change of status was denied. Normally once a non-immigrant change of status is denied, and the applicant doesn't have a valid status to fall back on to that can trigger a referral for removal proceedings. If that were the case with you then you won't be able to adjust through USCIS, as a motion to reopen will have to be filed in front of an immigration judge to close the case and send it back to USCIS for adjudication. If you unfortunately get to that level you'll need to lawyer to clean it up.

How would I know if I am in the removal proceedings? And if I were to get a lawyer for all of this, would this be an easy job for the lawyer or would there be more problems?

 

Also, are joint bank accounts, credit cards, bills allowed to be under a person who has overstayed?

[Orangesapples 1,954]

3 minutes ago, SallyM9025 said:

How would I know if I am in the removal proceedings? And if I were to get a lawyer for all of this, would this be an easy job for the lawyer or would there be more problems?

 

Also, are joint bank accounts, credit cards, bills allowed to be under a person who has overstayed?

It depends on the bank but usually, yes. 

[Starkilla09 366]

On 5/20/2018 at 11:24 PM, SallyM9025 said:

How would I know if I am in the removal proceedings? And if I were to get a lawyer for all of this, would this be an easy job for the lawyer or would there be more problems?

 

Also, are joint bank accounts, credit cards, bills allowed to be under a person who has overstayed?

Sorry about the late reply, been somehow busy. To know if you were subject to removal proceedings, normally you should’ve received a follow up mail from USCIS after your change of status denial placing you in removal proceedings. If your address has been the same ever since and you didn’t receive any maybe you slipped through the cracks. Another way of knowing is using any alien number USCIS issued to you to check by calling this number 1800 898 7180. If you don’t have an alien number and can’t tell if you got any mail as such then go ahead and file normally and have it sorted out at your I-485 interview. Adjusting while in removal proceedings puts you at a very high fraud bar suspicion from USCIS so the marriage will be scrutinized to really make sure it’s bona fide and not a sham, however; you will overcome provided it’s a real marriage and lawyers can help you do it. As for joint liabilities you can get those easily when you get a social security number after receiving your EAD (employment authorization document).

[Nightshadow 14]

On 5/20/2018 at 9:29 PM, SallyM9025 said:

Ok so that would be the only problem in this situation?

 

What is considered evidence?

They will need proof of a *real* relationship. A lot of people unfortunately use each other, just to stay in the country and this is what they try to identify.