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I-94, I-130 and I-485 with possible overstay

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lostunderthewav

Junior Member
What is the name of your state? Virginia

I am a US citizen. My now husband entered the US (from England) on a visa waiver on December 19, which then expired on March 19. We got married on February 26, and filed for an I-130 (petition for alien relative). We received the receipt for this on March 21. We then received an approval on June 21.

We want to know if he is currently here on an overstay because we did not apply for the I-130 while in the UK. Also, we want to file for an adjustment of status (I-485). Will this be denied since he potentially overstayed his visa waiver? Should we go to England to file this petition? Thanks.
 


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evcalyptos

Senior Member
lostunderthewav said:
What is the name of your state? Virginia

I am a US citizen. My now husband entered the US (from England) on a visa waiver on December 19, which then expired on March 19. We got married on February 26, and filed for an I-130 (petition for alien relative). We received the receipt for this on March 21. We then received an approval on June 21.

We want to know if he is currently here on an overstay because we did not apply for the I-130 while in the UK. Also, we want to file for an adjustment of status (I-485). Will this be denied since he potentially overstayed his visa waiver? Should we go to England to file this petition? Thanks.
Click to expand...
Filing the I-130 alone did not give him legal status in the US. He has overstayed. This is usually 'forgiven' for the spouse of a US citizen, but he should not leave the US before he gets his green card. He can get a green card by filing I-485 as soon as possible.
 
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bflava

Junior Member
what ever he does, he should not leave the country?? USA until, UNTIL he gets his Greencard My dear, He has overstay and if he should leave the USA it will trigger and he will be Ban or refused entry at the POE.
be warned, DOnt Leave USA and dont ask for a Parole, madam, get eh things done and quick ok.

Good luck
 
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ImmigAttyLana

Senior Member
Why did you not file the entire packet, including the I-485 on his behalf at the same time? You should do that asap.

Lana
Immigration Attorney
 
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