Hello, i came with a tourist Visa and I overstayed, in 2019 married a Green Card Holder. In February 2020 we submitted my I-130 and my husband his N-400 at the same time, my husband finally is going to have his oath ceremony in March 24th, my I-130 still pending, my lawyer saids next step is upgrade my case once we got my husband's Naturalization certificate and than I can submit immediately my I-485 and I-765. If my husband wasn't able to become US citizen, my process would be consular once my I-130 is approved and had to apply for a waiver because I don't have lawful presence since I overstayed. But now my husband is becoming US citizen I can perfectly adjust here in the United States.

If you still have lawful presence (you didn't overstayed) you can adjust status married with a green card holder.

@Lisa I understand your situation but I haven’t overstayed my tourist visa. I filed for AOS while my status was still current and my tourist visa is also still valid till 2023. So it shouldn’t pose any problems right? We filed everything through a lawyer and he said as long as you don’t overstay (meaning I-94 is current) and you didn’t intend to get married when you were coming to the US (which we weren’t. We got married 100 days after I entered) you should be fine. But are the wait times significantly longer for spouses of GC holders vs USC?

@Sid butt exactly! You are good my friend, do you know what service Center received your I-130? Mine is California service Center and its been a long wait (2 years and still nothing)

@Lisa Thankyou so much! Actually my case is being processed at NBC but I don’t know my local field office yet (haven’t asked Emma). I’ve heard California Service Center is really slow. I guess it’s true then :/

On tourist visa, you are only allowed to stay for 180 days and you should have to leave the country and re-enter correct?

Overstay is counted per visit not on the basis of ur visa. If you have a 5-year multiple entry visa, and during one of your visits you stay in the US for more than 6 months, then you have overstayed.

@Freaky D exactly was my understanding as well. Thanks for clarifying 👍

@Sid there's no visa till 2023 .your visa expires in 2023 but you a a time for being in the country.( up to 90 days with ESTA,up to 180 with tourists visa (6 months) if your due time is expired you will overstay and is not forgiving cause you are married with a PR

@Shruthi is you are in 180 days visa and you apply for AOS and you leave you will not come back

@Nina MR yes I understand it’s overstay after 180 days with tourist visa but I already submitted my AOS package before the 180 day period and my process of adjustment already began before the 180 days expired. So technically my presence here is legal. I can’t leave the US unless my AP gets approved.

that's good then

Sid ....it's actually not encouraged to submit AOS before 90 days. Hope you did not begin to adjust before 90 days. Most overstays are automatically forgiven once you are adjusting on the basis of marriage while in the US.

Freaky D I heard about the 90 day rule but I didn’t know AOS should be submitted after 180 days. I actually would have submitted after 180 days if I could but my situation was harder since I’m married to an LPR so chances of being forgiven for overstay would have been very slim (next to none really).

Even if you stay 2years..once you marry to a citizen or LPR...overstays are forgiven. Is ur LPR husband due for naturalization soon? Did you use a lawyer

Freaky D I did use a lawyer yes. Lawyer said as long as you don’t overstay and your intention wasn’t to get married when you initially entered the US on your B2 visa, you should be fine. Did stress that I should follow the 90 day rule though which I did. My husband is not due for naturalization soon. Still a few years to go.

@Freaky you are wrong is forgiven only with American citizens.Married with LPR only if the LPR is going to citizenship and approved is forgiven.dont misinformed

@sid if I'm you I will send the 601 form, ground waiver.or wait in your country till is a visa for you and comeback. ask your lawyer cause if this person doesn't make you sign and send a 601. you are gonna have your interview and you will not have status till your husband get citizenship

I am in the same position I came July on a B1/B2 visa and whilst here I decided to stay to assist my wife so was contacted a lawyer at Laird Law New York who suggested that we also file a extension before my date was up in January along with my i485, I130, I765.

my pd is November 19, 2021, and I received I797c few days and biometrics which was done December 23, 2021 and my case changed to active review the same day and uscis says its showing no outstanding documents. The lawyer also submitted my extension I539 in January 2022 And I did biometrics in February and status was changed to show biometrics was taking and its bring processed at the Vermont Center.

Junior J is your wife an LPR or USC?

@Nina MR I don’t think I can go back to my country now since that would mean I have abandoned my application process. What is the 601 form for?

LPR

Junior J but what if the extension you got (which I’m assuming is 90 or 180 days) is still not enough time in which your I-130 gets approved? Won’t it be the same thing then?

What he told me is that the extension last for 6 months. If I am not approved by then I just file another extension just to be in status and he will also file my wife N400 within that time.

Got it Thankyou!

ok then.