Overstay of visit visa, now married to US Citizen

[kabhatti 2]

Hello everyone, after so many years I'm back to my favorite place for information. This time to help a friend who has overstay visa. However after several years, has married a US Citizen. I'm thinking with this she can apply and obtain a green card. Am I correct and what form is applicable? I485 as she is already in the US. Thanks so much and sorry I tried a search.

[Verrou 1,899]

yes, she can file adjustment of status. 130,130A,485,765,864

did she enter with visa/passport or cross ilegally? (entry without inspection)

Edited March 21 by Verrou

[Lil bear 3,831]

17 minutes ago, kabhatti said:

Hello everyone, after so many years I'm back to my favorite place for information. This time to help a friend who has overstay visa. However after several years, has married a US Citizen. I'm thinking with this she can apply and obtain a green card. Am I correct and what form is applicable? I485 as she is already in the US. Thanks so much and sorry I tried a search.

Yes. Adjust status and for this category overstay is “forgiven “. Apply before the fees increase in April if at all possible. Apply for work and travel authorization concurrently. Still 8 plus months before she can consider traveling overseas  

[Ontarkie 13,917]

~~MOved to AOS from Work, Student and Tourist Visas, from Bringing Family of USC- the OP's friend is in the US and looking to adjust.~~

[kabhatti 2]

5 hours ago, Verrou said:

yes, she can file adjustment of status. 130,130A,485,765,864

did she enter with visa/passport or cross ilegally? (entry without inspection)

Hi, legal visit vusa.. returned to Pakistan on time then came back to US and then overstayed.

[kabhatti 2]

7 hours ago, Verrou said:

yes, she can file adjustment of status. 130,130A,485,765,864

did she enter with visa/passport or cross ilegally? (entry without inspection)

So which of the forms are required? 

[powerpuff 5,906]

1 hour ago, kabhatti said:

So which of the forms are required? 

Required: I-130, I-130A, I-485, I-864

 

Optional and free until April 1, 2024: I-765, I-131

[Verrou 1,899]

10 hours ago, kabhatti said:

So which of the forms are required? 

I will do all if file before April 1st

[kabhatti 2]

On 3/22/2024 at 7:21 AM, Verrou said:

I will do all if file before April 1st

So major problem. US citizen and new wife had an argument, he decided to send her back to her home state and not cooperate with applications. Anything possible?

[OldUser 4,819]

4 minutes ago, kabhatti said:

So major problem. US citizen and new wife had an argument, he decided to send her back to her home state and not cooperate with applications. Anything possible?

No, US citizen has all the power until GC is approved, unless I-130 is already filed and immigrant claims abuse through WAVA.

 

He cannot send her back, she's not an object. But she would not be able to legally stay in the US without husband changing mind.

 

Given this huge argument occurred so early in the process, I would advice not proceeding with I-130 even if they make up. Too much risk of another argument further down the line of immigration journey. Legal divorce and leaving the US sound like a sensible option.

Edited March 25 by OldUser

[kabhatti 2]

2 minutes ago, OldUser said:

No, US citizen has all the power until GC is approved, unless I-130 is already filed and immigrant claims abuse through WAVA.

 

He cannot send her back, she's not an object. But she would not be able to legally stay in the US without husband changing mind.

 

Given this huge argument occurred so early in the process, I would advice not proceeding with I-130 even if they make up. Too much risk of another argument further down the line of immigration journey. Legal divorce and leaving the US sound like a sensible option.

Wise thoughts 

[Family 3,483]

16 minutes ago, kabhatti said:

So major problem. US citizen and new wife had an argument, he decided to send her back to her home state and not cooperate with applications. Anything possible?

Wow…marriage broke down between Thursday ( date of original post and today ..Monday . ..

 

How long have they been married?

 

 

[kabhatti 2]

3 hours ago, Family said:

Wow…marriage broke down between Thursday ( date of original post and today ..Monday . ..

 

How long have they been married?

 

 

2 to 3 weeks, older people, US citizen wife passed away, wife also widow.