Need advice on possibly adjusting status after visa overstay

[Ischnura 285]

Yeah, definitely file them together as soon as you're able. ICE aren't going to come busting through your windows and cart him away in the mean time. Just keep in mind, he can't work until he has his EAD and can't leave til he at least has AP. Have a good look at the guides up top and accumulate some more evidence after you're married. Have someone snap a phew photos at the ceremony - court houses are happy to oblige - and enjoy your time together.

What game did you meet on? ~Also a gamer

[caliliving 606]

Overstay IS forgiven when married to a US Citizen.. but yeah, SMH at people that come here and give bad advice!!!!! just don't leave the country:/

i would not recommend waiting long tho.. everyone has a different situation.. but yeah, i filed i130 and i1485 seperate and waited like over a year and filing seperate didnt really help but i had the money and i didnt mean to wait that long inbetween. The IO did not ask why i didnt file together, why i overstayed or why i waited so long to file.

my only question was 'are both your parents born in canada as well'

[B-2-Z 37]

So because I have never ever wanted a wedding (the thought of being the center of attention terrifies me; being maid of honor at my sisters wedding was bad enough) that must mean I'm not being truthful?

Choosing to only address this because others have given advice about the rest. I see someone said "USCIS are wedding people..." which is absolutely true. In the fact that they want a signed marriage certificate that was legally obtained and issued. Don't worry about having a big wedding that you don't want just to please people who don't know you. We had a teeny tiny courthouse wedding a few days after we arrived in the US. Only 2 witnesses. Got approved no problem. A lack of a party doesn't make you any less married. If you have a real, genuine relationship, lack of a party shouldn't change the evidence of that.

Edited June 15, 2016 by B-2-Z

[A'n'L 735]

Now, would it be possible for him to cross into Canada (or Mexico) for just a couple of days and come back as to not breach his approved stay?

And risk being turned away at the border for trying to live in the US as a "tourist"? Very, very bad idea in OP's situation. They are on a legal path already, no need to complicate things.

Edited June 16, 2016 by A'n'L

[caliliving 606]

If you both are sure that you want to marry and to live together, then his eventual overstay would be "pardoned" if the AOS is accepted. But if you both change your mind about marriage and break-up from the moment you petition him until you get the AOS interview, then his overstay will be taken into consideration for future immigration procedures. It is your call. That said, love moves the world and you should follow your hearts!

Now, would it be possible for him to cross into Canada (or Mexico) for just a couple of days and come back as to not breach his approved stay?

No, once you leave USA whether by land or air you would trigger the overstay bar.

overstay is forgiven so once you marry and file the paperwork it is all good!

[Ischnura 285]

Definitely don't just nip in to Canada for a few days! There are people on here all the time saying how they thought they'd just go to Canada or Mexico for a few days so they can start the stay in America from 0 days and they aren't allowed back in because the time between visits is too short. You are absolutely okay to marry and stay on this side of the fence at this point. Don't jeopardise it for the hope of avoiding an overstay.