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  • Filing for spouse who overstayed

    Hello,

    My husband entered the US in 2001 on a visa and has overstayed since then. We have a 4 year old son and were recently married in March. I am a US citizen and we are planning to file 1-130 and I-485 through the Dallas rapid adjustment pilot program this month. We are not using a lawyer and I wanted to know will he be penalized in any way and will he be denied based on the fact that he overstayed. His mother initially filed for him and they were waiting on an interview, we got married, and then he withdrew his initial I-130. The Dallas rapid adjustment program (DORA) allows you to schedule an appointment on INFOPASS and appear on your scheduled date with I-130, I-485, affadavit of support, and medical exam...if all paperwork is present and fees are payed you will be interviewed and approved the same day, thus receiving the green card in 90 days. If they cannot approve you the same day it will go through the standard application process. It is a great opportunity for him and I just want to be sure there will be no problems. Please advise me anyway you can because your comments are greatly appreciated.

  • #2
    Anyone who overstays more than one year and leaves is inadmissible for 10 years and if in US ,may not adjust status.
    I strongly advise you to consult a very good attorney because there may be
    exemptions or other clauses that may help you.


    Originally posted by anenew
    Hello,

    My husband entered the US in 2001 on a visa and has overstayed since then. We have a 4 year old son and were recently married in March. I am a US citizen and we are planning to file 1-130 and I-485 through the Dallas rapid adjustment pilot program this month. We are not using a lawyer and I wanted to know will he be penalized in any way and will he be denied based on the fact that he overstayed. His mother initially filed for him and they were waiting on an interview, we got married, and then he withdrew his initial I-130. The Dallas rapid adjustment program (DORA) allows you to schedule an appointment on INFOPASS and appear on your scheduled date with I-130, I-485, affadavit of support, and medical exam...if all paperwork is present and fees are payed you will be interviewed and approved the same day, thus receiving the green card in 90 days. If they cannot approve you the same day it will go through the standard application process. It is a great opportunity for him and I just want to be sure there will be no problems. Please advise me anyway you can because your comments are greatly appreciated.

    Comment


    • #3
      Since he has been here all this time his overstay will be forgiven through his marriage to you

      Comment


      • #4
        Originally posted by anenew
        Hello,

        My husband entered the US in 2001 on a visa and has overstayed since then. We have a 4 year old son and were recently married in March. I am a US citizen and we are planning to file 1-130 and I-485 through the Dallas rapid adjustment pilot program this month. We are not using a lawyer and I wanted to know will he be penalized in any way and will he be denied based on the fact that he overstayed. His mother initially filed for him and they were waiting on an interview, we got married, and then he withdrew his initial I-130. The Dallas rapid adjustment program (DORA) allows you to schedule an appointment on INFOPASS and appear on your scheduled date with I-130, I-485, affadavit of support, and medical exam...if all paperwork is present and fees are payed you will be interviewed and approved the same day, thus receiving the green card in 90 days. If they cannot approve you the same day it will go through the standard application process. It is a great opportunity for him and I just want to be sure there will be no problems. Please advise me anyway you can because your comments are greatly appreciated.

        His overstay will not work against him, because hes seeking to adjust through an immediate relative: You. Go ahead and file. Ensure that whateevr you put on the I-130 coincides with the information that was contained in the original I-130 filed by his mother.

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        • #5
          Thanks alot...i was not sure if there would be serious consequences.

          Your advice is greatly appreciated

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