How to adjust on overstay visa

[Jengles 0]

Not sure if this is the right forum. but here goes.

my friend just married someone who is here on a b-1 visa. he came on a ship. His visa is valid to 2009 but he overstayed on his visit.

how does she go about filing for him, does she file i-485 or i-130. I'm sure this is going to be a long process as he overstayed and does he have to leave the country. I've heard cases where he can stay. She pregnant so having him here would be better for her.

So I guess if she files I-130 then he can't legally work until he gets his green card. If she can do I-485 then she can get EAd in 90 days while i-485 takes it time.

she is a USC

any help would be appreciated.

Edited November 30, 2007 by Jengles

[*JG* 2]

B-1 is a work visa, right?

It is my understanding that once married, you just file for AOS. We have a friend in Michigan, from JA, who is going to do the same thing.

It is VERY important that they not leave the US before it all comes through.

[payxibka 10,044]

File the I-130, I-485, I-765 et al... all at the same time.

As long as he was properly inspected upon entry, then he should stay here until the process is complete....

[*JG* 2]

Oh, and she met him during this visa, right? There wasn't a previous visa where he met her, went home, and then came back, right? Cause that is a whole different story then.

[YuAndDan 153]

How do you overstay a visa valid to 2009? It is still 2007.

Overstay is generally forgiven for AOS through marriage to a US Citizen.

When you file I-485, File an I-765 for EAD. Can then work using the EAD card while waiting for AOS.

EAD based on I-485 using code (c )(9 ) costs nothing the fee for I-485 also covers filing I-765, and I-131.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[*JG* 2]

I think she might mean his work visa was for 3 months or whatever and his passport is still valid. That's how I took it.

And, yes, you can overstay a work visa.

[YuAndDan 153]

B-1 is a work visa, right?

NO it is a business visitor's visa, for people entering the USA for business reasons, not to take a job in the USA, H1B is for taking a job in the USA.

[*JG* 2]

Oh, ooooooo......that one I do not know about then. Thanks Yu.

[desert_fox 32]

Just as long as it wasn't a crewmans visa....they cannot adjust status per the law.

[Jengles 0]

Just as long as it wasn't a crewmans visa....they cannot adjust status per the law.

ding ding ding, this it it, he has that visa, so then what, nothing??? He has to go home? His visa is good until 2009 but he only got a month to stay in the country....that was three or four years ago.

[desert_fox 32]

Just as long as it wasn't a crewmans visa....they cannot adjust status per the law.

ding ding ding, this it it, he has that visa, so then what, nothing??? He has to go home? His visa is good until 2009 but he only got a month to stay in the country....that was three or four years ago.

Then apparently it was not a B-1. Airline flight crews, workers on a cruise ship, etc. they get crewman visa....I think its a C visa...no adjustment is possible.

Edited November 30, 2007 by desert_fox

[payxibka 10,044]

Just as long as it wasn't a crewmans visa....they cannot adjust status per the law.

ding ding ding, this it it, he has that visa, so then what, nothing??? He has to go home? His visa is good until 2009 but he only got a month to stay in the country....that was three or four years ago.

Then apparently it was not a B-1. Airline flight crews, workers on a cruise ship, etc. they get crewman visa....I think its a C visa...no adjustment is possible.

True, no direct status adjustment is possible directly from a crewman's visa. The same can be said about someone who entered on VWP or a K-1 where the marriage did not occur. In other words only file an I-485.

However, if the alien is now a married to a USC, I am almost certain that the person can subsequently adjust based on an approved I-130....

Anyone?

Edited November 30, 2007 by fwaguy

[desert_fox 32]

Just as long as it wasn't a crewmans visa....they cannot adjust status per the law.

ding ding ding, this it it, he has that visa, so then what, nothing??? He has to go home? His visa is good until 2009 but he only got a month to stay in the country....that was three or four years ago.

Then apparently it was not a B-1. Airline flight crews, workers on a cruise ship, etc. they get crewman visa....I think its a C visa...no adjustment is possible.

True, no direct status adjustment is possible directly from a crewman's visa. The same can be said about someone who entered on VWP or a K-1 where the marriage did not occur. In other words only file an I-485.

However, if the alien is now a married to a USC, I am almost certain that the person can subsequently adjust based on an approved I-130....

Anyone?

You cannot adjust status if you entered the US as a crewman...its one of the instructions on the

I-485...doesnt matter if you are married. The US citizen can file the I-130, but the alien cannot adjust status.

[Boiler 43,451]

C1/D Visa

Can not adjust in the US.

[payxibka 10,044]

You are missing the point.. I agree the alien cannot adjust in the USA from a D visa by themselves simply by filing an I-485. The stipulation is the same for someone who enters on VWP and we all know that it is possible to adjust from there via an I-130. Please tell me why this is different