Marriage to Tourist Overstay

[rafiki]

My boyfriend and I want to marry (I'm a US citizen). He has overstayed his visa, and I'm researching how to proceed with the process. Any help with the following questions would be much appreciated:

1) Is it true that it is easier to adjust status w/in one year of the overstay?
2) What has to happen w/in the one year: marriage or submission of all paperwork as well?
3) Do we use the I-485? It says you can't use it for tourist visa overstays.
4) We met two months after his overstay (together now 7 months - one year period comes in 3 months)-- will this affect the acceptance of his adjustment of status?
5) Is it true the we should apply for his daughter (living in country of origin) at the same time?

Many thanks!

[curiousone]

My boyfriend and I want to marry (I'm a US citizen). He has overstayed his visa, and I'm researching how to proceed with the process. Any help with the following questions would be much appreciated:

1) Is it true that it is easier to adjust status w/in one year of the overstay?
2) What has to happen w/in the one year: marriage or submission of all paperwork as well?
3) Do we use the I-485? It says you can't use it for tourist visa overstays.
4) We met two months after his overstay (together now 7 months - one year period comes in 3 months)-- will this affect the acceptance of his adjustment of status?
5) Is it true the we should apply for his daughter (living in country of origin) at the same time?

Many thanks!

1, 2.......because hes married to a USC, the overstay wont matter.......so once you can convince USCIS visa the interview and documentation that this is valid marriage and not one done just to get him a green card, it wont matter whether he overstayed.
3. Yes, you'll file I-130 and I-485 together........the marriage to a USC allows him an exception to that rule
5. How old is his daughter?....unless she is under 18 at the time of the marriage, you cant apply for her........

[rafiki]

Thanks

The daughter is under 18, which is why this question is pertinent. It sounds like we should be applying for her at the same time.

Thanks for your help.

[curiousone]

yes, youll apply for her at the same time