My Fiances Illegal Status

[jl1022]

Hello~
Does anyone have any advice about the following:

I am born in the USA and my fiance is NOT. He is currently in the US on an expired tourist Visa. We plan on marrying sometime in the future (no solid date set yet). Any suggestions for filling out the I-130. There is a line that askes for Visa # and expiration date. His Visa expired Jan of 2003...well over a year ago so...... What are the chances that he will be deported after we marry and fill out all of the I-xxx forms???? Any general advice come to mind. Do you suggest that he go home and I file for a fiance visa???? Hmmmm. :rolleyes

Thanks

[immihelp]

Read https://www.immihelp.com/usa-visas/ and www.immihelp.com/gc/family/

[JoeF]

He should NOT leave the country. If he leaves, he would be banned from entering the US for 10 years, because he overstayed his visa for over 1 year.
For spouses of US citizens, overstays are forgiven for AOS. So you can file an I-130 and simultaneously, he can file an I-485. He should not leave the country until the I-485 is approved, otherwise the 10-year ban would apply. It does no longer apply when he becomes a Permanent Resident.

[jl1022]

Thanks! Now I see what you're referring to as I have read the I-485 form carefully. So, we will submit the following forms concurrently:

I-130 (Status Through Marriage)............185.00
I-485 (Adjustment of Status).................315.00
FD-258 (Finger Print Card).....................050.00
I-693 (Medical- Civil Sergeon)................0.00
G-325A (Both our personal Histories).......0.00
I-765 (Employment).............................175.00
I-131 (Advance Parol- Travel/Re-entry)...110.00

Total: 835.00

Do you think he will get hit with the $1,000.00 violation of stay fee? Also, what are your thoughts on unapproved employment disclosure on the I-130. I make enough $$$$ to claim support/sponsorship and favor non-disclosure. He has, however been working- what do you think?

I am curious to know- have you personally been through this filing process?

Thanks Again!

[jl1022]

Thanks! Now I see what you're referring to as I have read the I-485 form carefully. So, we will submit the following forms concurrently:

I-130 (Status Through Marriage)............185.00
I-485 (Adjustment of Status).................315.00
FD-258 (Finger Print Card).....................050.00
I-693 (Medical- Civil Sergeon)................0.00
G-325A (Both our personal Histories).......0.00
I-765 (Employment).............................175.00
I-131 (Advance Parol- Travel/Re-entry)...110.00

Total: 835.00

Do you think he will get hit with the $1,000.00 violation of stay fee? Also, what are your thoughts on unapproved employment disclosure on the I-130. I make enough $$$$ to claim support/sponsorship and favor non-disclosure. He has, however been working- what do you think?

I am curious to know- have you personally been through this filing process?

Thanks Again!
:rollin