Apply for a green card after visa overstay

[sarah1983]

I have a question. I came here on a tourist visa last year (2016) and met my fiance while visiting here. Our relationship was going well, but he was in the middle of a divorce, so I had to wait for that to be finalized, and I didn't want to leave the country before we could be married. So I applied to extend my tourist visa so I could stay another 6 months. I even paid a lawyer to handle the application, to try and improve my chances of having it approved. But even after 6 months, the extension of my tourist visa is still pending when I check the status online with USCIS. It seems that they have not decided whether to approve it, even though it is a few weeks past the date that my 6-month extension would have expired of they had approved it.

My understanding is that I was still here "legally" while the application was pending. But now that I am past the date it would have expired, am I still here legally? If I am not legal, am I considered to have overstayed my visa by only a few weeks at this point rather than 6+ months?

We plan to get married within the next 2 weeks, and soon after that we will apply for my green card. I know on the application they will want to see a copy of my tourist visa and I will have to list when my visa expired since I have overstayed it. Should I put the expiration date when the original visa expired (which would mean I overstayed by more than 6 months), the date the extension would have expired (which means I only overstayed a short time), or leave that field blank and include the letter from USCIS proving that I applied and my application is still pending, and maybe another note to explain that?

I just want to be sure that I handle this situation properly on my green card application, and I have heard that it looks bad if you overstay a visa by more than 6 months before you apply for a green card, even if it is family-based.

I appreciate anyone who can help me clear up this confusion.

Sarah

[inadmissible]

Maintaining continuous lawful status is not a requirement for Adjustment of Status based on marriage to a US citizen

You can overstay for 10 years for all they care

[newacct]

I have a question. I came here on a tourist visa last year (2016) and met my fiance while visiting here. Our relationship was going well, but he was in the middle of a divorce, so I had to wait for that to be finalized, and I didn't want to leave the country before we could be married. So I applied to extend my tourist visa so I could stay another 6 months. I even paid a lawyer to handle the application, to try and improve my chances of having it approved. But even after 6 months, the extension of my tourist visa is still pending when I check the status online with USCIS. It seems that they have not decided whether to approve it, even though it is a few weeks past the date that my 6-month extension would have expired of they had approved it.

My understanding is that I was still here "legally" while the application was pending. But now that I am past the date it would have expired, am I still here legally? If I am not legal, am I considered to have overstayed my visa by only a few weeks at this point rather than 6+ months?

We plan to get married within the next 2 weeks, and soon after that we will apply for my green card. I know on the application they will want to see a copy of my tourist visa and I will have to list when my visa expired since I have overstayed it. Should I put the expiration date when the original visa expired (which would mean I overstayed by more than 6 months), the date the extension would have expired (which means I only overstayed a short time), or leave that field blank and include the letter from USCIS proving that I applied and my application is still pending, and maybe another note to explain that?

I just want to be sure that I handle this situation properly on my green card application, and I have heard that it looks bad if you overstay a visa by more than 6 months before you apply for a green card, even if it is family-based.

I appreciate anyone who can help me clear up this confusion.

Sarah

You put the date on your I-94. If your extension of status has already been approved, the approval notice will carry with it a new I-94. If it hasn't, your last I-94 is the one you got when you entered. The date you were admitted until when you entered is the date you put for when your status expires.

By the way, a B2 extension of status requires a statement explaining why your stay will be temporary and what plans you have made to leave. What did you put? You may have lied because you planned to stay and marry and do Adjustment of Status at that point, and did not plan to leave. I don't know why you wasted money to do an unnecessary Extension of Status, which may have required you to lie. Like inadmissible said, assuming your future spouse is a US citizen, it's not relevant for AOS in your category whether you are in status or how long you may have been out of status.

[S_R_E]

Maintaining continuous lawful status is not a requirement for Adjustment of Status based on marriage to a US citizen

You can overstay for 10 years for all they care

I can personally attest to this, as long as you are married to a US citizen your overstay is forgiven regardless of how long it is. I was out of status for 20+ years before filing for AOS last year with my wife (US Citizen) and I received my 10 years green card in June last year.

[sarah1983]

I can personally attest to this, as long as you are married to a US citizen your overstay is forgiven regardless of how long it is. I was out of status for 20+ years before filing for AOS last year with my wife (US Citizen) and I received my 10 years green card in June last year.

OK, thank you. I was worried because I had read somewhere that it was a problem if you were in the country illegally for more than 6 months, so now I feel better.

[purples]

Overstayed visa-green card

Hi Sarah,

I was wondering if you were able to received your green card? my Case is similar.