Newbie question - Filing for adjustment of status after overstaying visa.

[mikema75]

Hello,

My girlfriend at the time came with me to the USA from Malaysia Sept 15th 2017. About two weeks later we found out that she was pregnant and in Nov of 2017 we decided to get married.
Her tourist visa expired March 2018. For various reasons, (starting a new job, moving, preparing for baby) i haven't filed any of the immigration paperwork. Our baby was just born recently here in the USA and i am looking to get all our paperwork in. I'm just wondering what if anything i need to look out for since she has stayed passed her legal visa status.

The last thing i want is for her to get deported and taken away from my son and i. From what i read, since i am a US citizen i can just file for the adjustment of status and all the associated forms (i-130, etc) and she should be able to stay in the country correct. Was wondering if anyone was in a similar situation and have any experience to share.

thank you!

[MissTz1982]

Hello,

My girlfriend at the time came with me to the USA from Malaysia Sept 15th 2017. About two weeks later we found out that she was pregnant and in Nov of 2017 we decided to get married.
Her tourist visa expired March 2018. For various reasons, (starting a new job, moving, preparing for baby) i haven't filed any of the immigration paperwork. Our baby was just born recently here in the USA and i am looking to get all our paperwork in. I'm just wondering what if anything i need to look out for since she has stayed passed her legal visa status.

The last thing i want is for her to get deported and taken away from my son and i. From what i read, since i am a US citizen i can just file for the adjustment of status and all the associated forms (i-130, etc) and she should be able to stay in the country correct. Was wondering if anyone was in a similar situation and have any experience to share.

thank you!

Overstaying her visa won?t matter if you are adjusting her status based on a marriage. Go for it and make sure you have everything you need. The baby will be one of the solid evidence that you two are an actual couple.

[UScitizenFilingforspouse]

Hello,

My girlfriend at the time came with me to the USA from Malaysia Sept 15th 2017. About two weeks later we found out that she was pregnant and in Nov of 2017 we decided to get married.
Her tourist visa expired March 2018. For various reasons, (starting a new job, moving, preparing for baby) i haven't filed any of the immigration paperwork. Our baby was just born recently here in the USA and i am looking to get all our paperwork in. I'm just wondering what if anything i need to look out for since she has stayed passed her legal visa status.

The last thing i want is for her to get deported and taken away from my son and i. From what i read, since i am a US citizen i can just file for the adjustment of status and all the associated forms (i-130, etc) and she should be able to stay in the country correct. Was wondering if anyone was in a similar situation and have any experience to share.

thank you!

I would suggest going through the links within this link to gather and stage the evidence of bona fide marriage you will submit with your AOS package. https://www.immihelp.com/forum/showt...iew-tips/page4

You can find screenshots of my Table of Contents here. https://www.immihelp.com/forum/showt...656#post564656

Here is the Table of contents I used as a guide. https://www.immihelp.com/forum/showt...ocuments/page4

All the best,

USCFFS

[ewilliams]

Hello,

My girlfriend at the time came with me to the USA from Malaysia Sept 15th 2017. About two weeks later we found out that she was pregnant and in Nov of 2017 we decided to get married.
Her tourist visa expired March 2018. For various reasons, (starting a new job, moving, preparing for baby) i haven't filed any of the immigration paperwork. Our baby was just born recently here in the USA and i am looking to get all our paperwork in. I'm just wondering what if anything i need to look out for since she has stayed passed her legal visa status.

The last thing i want is for her to get deported and taken away from my son and i. From what i read, since i am a US citizen i can just file for the adjustment of status and all the associated forms (i-130, etc) and she should be able to stay in the country correct. Was wondering if anyone was in a similar situation and have any experience to share.

thank you!

Her overstayin her visa is forgiven when filing for I-485 , I-130.
So nothing to worry about. Just follow the directions on the paperwork and you're fine!

We had a similar situation and it all worked out

[mikema75]

I would suggest going through the links within this link to gather and stage the evidence of bona fide marriage you will submit with your AOS package. https://www.immihelp.com/forum/showt...iew-tips/page4

You can find screenshots of my Table of Contents here. https://www.immihelp.com/forum/showt...656#post564656

Here is the Table of contents I used as a guide. https://www.immihelp.com/forum/showt...ocuments/page4

All the best,

USCFFS

Thank you so much for the links! They are very helpful! I appreciate all the support from everyone here on this forum. Looking forward to giving back one day.

[UScitizenFilingforspouse]

Thank you so much for the links! They are very helpful! I appreciate all the support from everyone here on this forum. Looking forward to giving back one day.

You?re welcome! Keep asking questions. There are no dumb questions. If you get a RFE, it slows everyone down.
I would suggest figuring out if you are in a slow jurisdiction. Your field office makes all the difference. So if you are in a slow jurisdiction and moving is an option, then consider it.
You have people in Houston, TX waiting for their interview since 10/2016. And you have others in Cleveland, OH getting it in 3 to 4.5 months.

All the best,

USCFFS