AoS help please: What if I'm currently out of status.

[Tommy27 1]

Hey guys, I'm new to Visajourney. I apologize if this question has been asked and answered already.

 

I"m currently married to a US citizen but I am 2 years out of status. I am currently living in the US. Is it still possible for me to apply for AoS? Any advice would be incredibly helpful. 

[geowrian 22,337]

What visa did you enter on?

[Tommy27 1]

20 minutes ago, geowrian said:

What visa did you enter on?

A Non Immigrant B2 visitors visa.

 

When I entered it was just to visit my fiance but not to move here hence the visitors visa. But it ended up that we got married and I stayed. 

[geowrian 22,337]

Then you're fine to AOS. The overstay will be ignored. Just file the same as anybody else.

 

http://www.visajourney.com/content/i130guide2

[Tommy27 1]

21 minutes ago, geowrian said:

Then you're fine to AOS. The overstay will be ignored. Just file the same as anybody else.

 

http://www.visajourney.com/content/i130guide2

Thank you for your info. 

 

May I just ask. How come my overstay will be ignored? I read that overstays normally have to file the overstay waver. Any context you could give? 

 

I'm just trying to understand my own situation as much as I can as I do this process. 

Edited February 9, 2017 by Tommy27

[geowrian 22,337]

15 minutes ago, Tommy27 said:

Thank you for your info. 

 

May I just ask. How come my overstay will be ignored? I read that overstays normally have to file the overstay waver. Any context you could give? 

 

I'm just trying to understand my own situation as much as I can as I do this process. 

No problem.

 

Overstay of an immediate relative (IR) of a US citizen (USC) is ignored by law so long as the beneficiary legally entered the country. A spouse is an IR. This question about overstay pops up here often.

 

An overstay waiver is needed if doing AOS for other reasons (i.e. non-IR based), being married to an LPR instead of a USC, etc.

 

Note: Notice I said "ignored". If AOS is denied, then the overstay still accumulates during the timeframe AOS was pending.

Edited February 9, 2017 by geowrian

[Unlockable 7,315]

Because overstay are forgiven of spouses of US citizens. If your spouse was a permanent resident it would be a different story.

[Tommy27 1]

12 minutes ago, geowrian said:

No problem.

 

Overstay of an immediate relative (IR) of a US citizen (USC) is ignored by law so long as the beneficiary legally entered the country. A spouse is an IR. This question about overstay pops up here often.

 

An overstay waiver is needed if doing AOS for other reasons (i.e. non-IR based), being married to an LPR instead of a USC, etc.

 

Note: Notice I said "ignored". If AOS is denied, then the overstay still accumulates during the timeframe AOS was pending.

Thank you! This was invaluable. Truely.

 

So just follow the I-130 guide and just do a regular AoS package? Anything else that comes to mind? 

[geowrian 22,337]

8 minutes ago, Tommy27 said:

Thank you! This was invaluable. Truely.

 

So just follow the I-130 guide and just do a regular AoS package? Anything else that comes to mind? 

Not really. Have your proof of a bona fide relationship ready, including co-mingling of fiances and such. You'll likely need a new medical as well. All that will come later, though.

Edited February 9, 2017 by geowrian

[Tommy27 1]

51 minutes ago, geowrian said:

Not really. Have your proof of a bona fide relationship ready, including co-mingling of fiances and such. You'll likely need a new medical as well. All that will come later, though.

One last thing, Do I need any legal representation? Hiring an immigration lawyer? Whats your opinion on that for my situation? 

[geowrian 22,337]

2 minutes ago, Tommy27 said:

One last thing, Do I need any legal representation? Hiring an immigration lawyer? Whats your opinion on that for my situation? 

Nope. Your case sounds pretty straightforward and DIY. All an attorney can really do for you is (if they're decent) remind you of the forms to send and act as a second set of eyes. They can't speed it up and aren't likely to increase your chances of success for a simple case.

[Tommy27 1]

1 hour ago, geowrian said:

Nope. Your case sounds pretty straightforward and DIY. All an attorney can really do for you is (if they're decent) remind you of the forms to send and act as a second set of eyes. They can't speed it up and aren't likely to increase your chances of success for a simple case.

While going through the forms I forgot one key thing. And I guess it's a big one. My passport is expired. Any advice on this? Thanks agian.

[geowrian 22,337]

10 minutes ago, Tommy27 said:

While going through the forms I forgot one key thing. And I guess it's a big one. My passport is expired. Any advice on this? Thanks agian.

Renew it.   Technically, an expired passport shouldn't be a problem, but I'm assuming you probably want to travel at some point, so getting it renewed is probably for the best. Also, an expired passport may not be accepted for all purposes as a form of acceptable photo ID, and having a valid photo ID (i.e. a driver's license) is generally encouraged.

[Tommy27 1]

2 minutes ago, geowrian said:

Renew it.   Technically, an expired passport shouldn't be a problem, but I'm assuming you probably want to travel at some point, so getting it renewed is probably for the best. Also, an expired passport may not be accepted for all purposes as a form of acceptable photo ID, and having a valid photo ID (i.e. a driver's license) is generally encouraged.

My Drivers is still valid. I guess I'll be using that.

 

Would I just renew it at a South African consulate here in the States? I mean I assume I can't even get on a flight between states with an expired passport. 

[geowrian 22,337]

Just now, Tommy27 said:

My Drivers is still valid. I guess I'll be using that.

 

Would I just renew it at a South African consulate here in the States? I mean I assume I can't even get on a flight between states with an expired passport. 

That's fine.

 

Yes, you can. Or if/when they do an outreach in your area, you can do it. I don't know the South Africa process, sorry.  Flights between states never checked my passport...only my boarding pass and license. YMMV