marrying an overstayed visa

[alonsojobs 0]

hello guys,, this questions comes from a friend on mine... He is currently living in the united states, in fort lauderdale,, he is planning on getting married to a US citizen. He was born in honduras and went to the stated on a visitors visa when he was young, and stayed living there.. If he gets married, will he have to travel back to honduras to try to get his papers again?? or can he do all the process of getting a green card without living the united states?? will he face any punishment by the US? thanks

[Penguin_ie 5,994]

** Moving from DCF to AOS from Tourist visa, as this is what the friend wil need to do ****

As your friend entered the USA legally, he can Adjust Status after his marriage: http://www.visajourney.com/content/i130guide2

It is important that he DO NOT LEAVE the USA until he has his grencard in hand, otherwise he faces a ban.

[happylove13 8]

hello guys,, this questions comes from a friend on mine... He is currently living in the united states, in fort lauderdale,, he is planning on getting married to a US citizen. He was born in honduras and went to the stated on a visitors visa when he was young, and stayed living there.. If he gets married, will he have to travel back to honduras to try to get his papers again?? or can he do all the process of getting a green card without living the united states?? will he face any punishment by the US? thanks

DO NOT LET HIM LEAVE THE USA

get married file the required forms

gather as much proof of evidence OF A REAL MARRIAGE ( these interview officers are well trained and can tell fake from real (obviously))

and most importantly have patience

PS the person who overstayed will not have a fine or penalty to pay (I know quite a few ppl in this circumstance and they did not pay a dime for overstaying when they got married to a citizen and later on got their Green Card thru their spouse)

good luck to ur friend

[hmh33 117]

If he has ever claimed to be a U.S. citizen (e.g. on a job application) that could be a big problem.

[AF-Wife 181]

If he has ever claimed to be a U.S. citizen (e.g. on a job application) that could be a big problem.

Wasn't asked and the OP did not give any info that could lead to your post. I don't think, there needed to be a negative comment. If he did that ... If he did this ...

[JimVaPhuong 4,863]

Wasn't asked and the OP did not give any info that could lead to your post. I don't think, there needed to be a negative comment. If he did that ... If he did this ...

The OP also didn't say that his friend did not ever claim to be a US citizen, or any of a number of other issues that adversely affect his adjustment of status. In fact, the OP gave very little information at all. He just said his friend has overstayed a visitor visa since he was young, and asked if his friend will need to return to Honduras, or if he can adjust status in the US, and if his friend would be punished. Based on the minimal information that's been provided, nobody can say with any certainty one way or the other. Presuming the issues don't apply to the OP's friend is just as dangerous as presuming they do.

If the OP's friend went to see an immigration lawyer then the lawyer would ask a battery of standard questions to determine if there are any issues that might prevent him from adjusting status. Whether he had ever claimed to be a US citizen would certainly be on that list. He'd also be asked whether he'd ever committed a crime that would make him inadmissible, whether he'd ever been in removal proceedings or ordered removed, whether he'd left the US at any time since he first arrived, etc. The OP might not know that these are potential issues, and might not know if the questions should even be asked. It doesn't hurt to raise these points and let the OP determine whether or not an issue exists.

[Shoot Em Straight 385]

Wasn't asked and the OP did not give any info that could lead to your post. I don't think, there needed to be a negative comment. If he did that ... If he did this ...

you didnt think...or read.

The advise was given from a VJ member that joined in 2008 and has been through the VISA process

It was not negative and OP should take heed

[AF-Wife 181]

you didnt think...or read.

The advise was given from a VJ member that joined in 2008 and has been through the VISA process

It was not negative and OP should take heed

I've been through the visa progress too. That doesn't make a difference. Thank you, I read and thought and I still stand behind my comment.