Jump to content
lifeintheus

Filing I-485 after visitor visa expires question

23 posts in this topic

Recommended Posts

Hi everyone, my visitor (ESTA) visa expires soon and it may be possible to file my I-485 before that date but would be difficult to do everything in time. Are there any future legal complications if I overstay my visa by about a month and then apply for a marriage based I-485 green card? I just want to make sure I will not run into any problems down the road if I do this. Thank you.

Share this post


Link to post
Share on other sites

Are you already married?


Previous Visa & EAD/AP Timeline

 

K-1 Visa Timeline

22 March 2014 - Sent I-129F

See timeline for data in between these dates.

24 June 2014 - Interview

25 June 2014 - CEAC Status: Administrative Processing

26 June 2014 - CEAC Status: Issued

01 July 2014 - Received Visa

POE & Marriage

03 July 2014 - POE (BWI airport)

14 July 2014 - Marriage

Advanced Parole (I131)Timeline
21 July 2014 - Sent off
23 July 2014 - Initial Review - Received
31 July 2014 - NOA1 Received
27 September 2014 - EAD Combo Card Received
 
Employment Authorisation (I765) Timeline
21 July 2014 - Sent off
23 July 2014 - Initial Review - Received
30 July 2014 - NOA1 Received
20 September 2014 - Card in Production Update
22 September 2014 - Card in Production Update Again
25 September 2014 - Card Sent Update (Another update came later that day with USPS tracking code)
27 September 2014 - Card Received
 
Adjustment of Status (I-148) Timeline
21 July 2014 - Sent off
24 July 2014 - Acceptance - Fingerprint fee accepted and case processed at Nebraska Service Center
30 July 2014 - NOA1 Received
26 August 2014 - Biometrics Done
12 November 2014 - Notification of Potential Interview Waiver (NPIW) Received
26 March 2014 - Cleveland Field Office is requesting my file from NBC.
23 April 2014 - Green Card Ordered!
 
 

Avatar Photo by Henry Mühlpfordt / CC-BY

Share this post


Link to post
Share on other sites

Welcome to America. You do not have an overstay problem.

Visa overstays are forgiven when a person married to a US citizen seeks to adjust status.

Best of luck.

Thank you Aaron, I am glad to hear this. As there is no legal issues with this, I will most likely wait for the month in order to get all the paperwork in order.

Share this post


Link to post
Share on other sites

Thank you Aaron, I am glad to hear this. As there is no legal issues with this, I will most likely wait for the month in order to get all the paperwork in order.

FYI - US immigration can detain you if your I-94 has expired and you have not filed to adjust. Being married to a USC will not matter if nothing has been filed.

File before your I-94 expires. Alternatively, file as quickly as possible once your I-94 expires.

Share this post


Link to post
Share on other sites

Thanks Aaron, yes I wanted to wait until after March 30th as then it is not mandatory to get the flu vaccine for the medical exam. If it was going to be an issue I could get the vaccine but I'd prefer not to. Can you think of any legitimate way I could avoid getting the vaccination?

I am on the ESTA visa waver program so they did not give me an I-94 on this visit to the US.

Share this post


Link to post
Share on other sites

Thanks Aaron, yes I wanted to wait until after March 30th as then it is not mandatory to get the flu vaccine for the medical exam. If it was going to be an issue I could get the vaccine but I'd prefer not to. Can you think of any legitimate way I could avoid getting the vaccination?

I am on the ESTA visa waver program so they did not give me an I-94 on this visit to the US.

The VWP allows you 90 days. After that, you will be out of status until USCIS gets your AOS package.

I don't know of anyway about the vaccine requirement.

You will have to weigh the consequences of getting the vaccine and file while in legal status versus not get the vaccine and file late.

Share this post


Link to post
Share on other sites

Thanks Aaron, yes this is what I am trying to figure out. Are there any consequences to filing late after the visa expires?

There is no consequences to filing late if you are talking about the time after you file. The time before you file and after your VWP 90 days runs out when you can be detained is the only consequence of not having a timely filing.

Share this post


Link to post
Share on other sites

Thanks Aaron. So just to be clear, I would run into no legal issues later if I overstayed about a month? I am concerned that there would be a record that I broke the law and at a future time I would need to tick a box at the border such as "Did you ever overstay etc?". If you are clear there are no issues with this and once I get a green card the overstay would not be on my record for border patrole to see etc then I will go ahead and overstay since I don't want to get this vaccination and it would also give me more time to prepare the paperwork. Thanks, Derek

Share this post


Link to post
Share on other sites

Thanks Aaron. So just to be clear, I would run into no legal issues later if I overstayed about a month? I am concerned that there would be a record that I broke the law and at a future time I would need to tick a box at the border such as "Did you ever overstay etc?". If you are clear there are no issues with this and once I get a green card the overstay would not be on my record for border patrole to see etc then I will go ahead and overstay since I don't want to get this vaccination and it would also give me more time to prepare the paperwork. Thanks, Derek

You are running in circles. Stop being so paranoid. How many times and in how many different ways do you want me to say, THERE ARE NO CONSEQUENCES SINCE YOUR OVERSTAY WOULD BE FORGIVEN WHEN YOU ADJUST BASED ON YOUR MARRIAGE TO A US CITIZEN?

Your record is your record. Getting a green card does not erase it. There is just no consequences from your overstay once you get the green card.

----

Turn off your computer. Go hug your wife. Stop worrying about overstaying. Things are good.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×