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Got married on B2 Visa about to expire

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Filed: Other Country: China
Timeline

Forgive me if this is in the wrong place, I am new here and cannot seem to find my answer.

My spouse entered the US legally on a B2 visa, and we got married. He entered almost 6 months ago, and we have yet to file any papers (I-130, I-485). Is there anything that I/we could do to keep him here legally since we are filing the papers so late? Or must he leave by the date stamped in his passport?

Thanks in advance!

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Overstay is forgiven for spouses of US citizens. Are you a US citizen?

It's a good idea to file as soon as you can so that he can be in status and get his EAD to be able to work.

*~*~* moving from "tourist visas' to "AOS from work, study and tourist visas"*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Other Country: China
Timeline

Overstay is forgiven for spouses of US citizens. Are you a US citizen?

Yes, I am. Thanks for that information. Where did you find that so I could look further? Thank you! ?

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You can't do anything for him to be here legally if he stays past his 194 date, but assuming you're a US Citizen, he will be in a period of "authorized stay" as soon as the i130 and i485 are filed. That's a technical way for him to be here here legally until AOS.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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