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Filing I-485 after visitor visa expires question

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Filed: Other Country: Ireland
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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.

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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

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Filed: Country: Vietnam (no flag)
Timeline

Yes, we get married on Tuesday.

Yes, she is a US citizen.

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.

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Filed: Other Country: Ireland
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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.

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Filed: Country: Vietnam (no flag)
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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.

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Filed: Other Country: Ireland
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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.

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Filed: Country: Vietnam (no flag)
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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.

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Filed: Country: Vietnam (no flag)
Timeline

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.

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Filed: Other Country: Ireland
Timeline

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

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Filed: Country: Vietnam (no flag)
Timeline

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.

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