Came on Tourist Visa, overstayed & got married

[Mimicherie 142]

Hello,

 

I have an aunt who was here on a 6 month tourist visa visiting her fiancé (now husband), originally she was just here to visit but they ended up getting married. Prior to their marriage she overstayed her visa. 
 

She’s getting mixed information about whether she should apply for AOS and wait it out with her now husband or is there another application that must be submitted first since there’s an over stay of over 5 months?

 

All helpful responses is greatly appreciated. Thank you.

[Sparkle Sparkle 914]

File as soon as you have marriage certificate in hand...no need to wait for 90 days

[JeanneAdil 6,610]

File,  if she leaves now after the overstay,  there is a bar

keep copy of all paperwork that involves immigration right up till she naturalizes

keep that receipt notice with her (make a copy and carry that-leave original in safe place)

read the AOS and understand the USC is now married and has to file taxes as MFJ or MFS

and at tax time he should apply for ITIN as she will not yet have her SS Card and # 

and the following site is for those married spouses without SS at time of tax filing

have to paper file as online sites scan and IRS wants originals

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

[Crazy Cat 42,110]

17 minutes ago, gsdc23 said:

Hello,

 

I have an aunt who was here on a 6 month tourist visa visiting her fiancé (now husband), originally she was just here to visit but they ended up getting married. Prior to their marriage she overstayed her visa. 
 

She’s getting mixed information about whether she should apply for AOS and wait it out with her now husband or is there another application that must be submitted first since there’s an over stay of over 5 months?

 

All helpful responses is greatly appreciated. Thank you.

Is her new spouse a US citizen?

[Crazy Cat 42,110]

14 minutes ago, Sparkle Sparkle said:

File as soon as you have marriage certificate in hand...no need to wait for 90 days

If the new spouse is not a US citizen, she cannot adjust status as she has an overstay.

[Mimicherie 142]

11 minutes ago, JeanneAdil said:

File,  if she leaves now after the overstay,  there is a bar

keep copy of all paperwork that involves immigration right up till she naturalizes

keep that receipt notice with her (make a copy and carry that-leave original in safe place)

read the AOS and understand the USC is now married and has to file taxes as MFJ or MFS

and at tax time he should apply for ITIN as she will not yet have her SS Card and # 

and the following site is for those married spouses without SS at time of tax filing

have to paper file as online sites scan and IRS wants originals

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

Thank you so much for the info! This was very helpful! 

 

4 minutes ago, Crazy Cat said:

Is her new spouse a US citizen?

Yes, he is. 

[JeanneAdil 6,610]

2 minutes ago, Crazy Cat said:

If the new spouse is not a US citizen, she cannot adjust status as she has an overstay.

sorry,  i forgot to ask

 

but they should make a profile as they are the only ones who can answer all questions and they need answers and will have many more questions before done

[Mimicherie 142]

Just now, JeanneAdil said:

sorry,  i forgot to ask

 

but they should make a profile as they are the only ones who can answer all questions and they need answers and will have many more questions before done

You said that they can only paper file? That means even if the online application is available on the USCIS website, paper file instead? 

[Crazy Cat 42,110]

2 minutes ago, gsdc23 said:

Thank you so much for the info! This was very helpful! 

 

Yes, he is. 

Then she should file for adjustment ASAP.  Until she files a proper I-485, she is subject to deportation.

[JeanneAdil 6,610]

1 minute ago, gsdc23 said:

Thank you so much for the info! This was very helpful! 

Yep,  we get many who try to thru the aos process and have filed either single or head of household and when married it is MFJ or MFS   not single anymore for the 2021 tax year

 

[Mimicherie 142]

3 minutes ago, JeanneAdil said:

sorry,  i forgot to ask

 

but they should make a profile as they are the only ones who can answer all questions and they need answers and will have many more questions before done

She doesn’t speak that much English and her now husband isn’t too tech savvy which is why I’m asking on their behalf, but I’ll probably make a page for them and help them communicate.

[JeanneAdil 6,610]

1 minute ago, gsdc23 said:

You said that they can only paper file? That means even if the online application is available on the USCIS website, paper file instead? 

taking about IRS / tried to give a head's up for what is going to be need for AOS interview / IRS transcripts showing married 

 

immigration petition is totally different

[Crazy Cat 42,110]

9 minutes ago, gsdc23 said:

She doesn’t speak that much English and her now husband isn’t too tech savvy which is why I’m asking on their behalf, but I’ll probably make a page for them and help them communicate.

Interesting......How do they communicate?   That could be a question during the adjustment interview.....that could raise some serious questions ...

Edited August 31, 2021 by Crazy Cat

[SusieQQQ 11,587]

8 minutes ago, gsdc23 said:

You said that they can only paper file? That means even if the online application is available on the USCIS website, paper file instead? 

There is no online i485 application 

[Mimicherie 142]

1 minute ago, Crazy Cat said:

Interesting......How do they communicate?   That could be a question during the adjustment interview.....

They both are from Haiti and speak the same language but he speaks English as well since he’s been here in the US. 

 

5 minutes ago, JeanneAdil said:

taking about IRS / tried to give a head's up for what is going to be need for AOS interview / IRS transcripts showing married 

 

immigration petition is totally different

Oh ok got it! Thank you for clarifying. They just got married in June, so I’ll be sure to let them know this. 

4 minutes ago, SusieQQQ said:

There is no online i485 application 

You’re absolutely right. Lol thank you.