out of status while married to USC

[niravparghi]

I heard being out of status/overstay on visa is forgiven if married to US citizen. is this true?

Thanks,

Nirav

[Joe.F]

Sort-of.

The US citizen can sponsor the spouse for a GC, and the spouse can file an I-485, even if the spouse is out of status due to an overstay. But the spouse should not leave the country until the I-485 is approved, because doing otherwise may trigger a 3 or 10-year ban.

[niravparghi]

i heard it overstay if married to USC can be a max of 6 months..true?

[Joe.F]

No. How long the overstay was doesn't matter for this. The only thing that matters is that the person originally entered legally, i.e., if the person sneaked over the border, it doesn't work.

[niravparghi]

here is the link which says overstay cannot be more than 6 months..

http://www.************/

is it true? thanks a lot Nirav

[This message was edited by Admin on May 21, 2011 at 10:22 AM.]

[Joe.F]

The only thing that matters is the law, not some rumors.

[niravparghi]

true, JoeF. Thanks ,

Nirav