Married for 5 years???
Jul 19th 2005, 3:02 am
#1
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Married for 5 years???
Maybe somebody can answer my question. My husband and I (USC) got married 5 years ago, he has obviously overstayed his I-94 since he stayed here (US) with me. We made lots of mistakes by listening to other people and taking the wrong way to obtain paperwork he needed to complete the application. My question is simple, can we apply now for his AOS or is it too late? Will he be able to obtain his conditional GC even after 5 years of marriage and stay in the US with me. We have lots of supporting material to prove our legit marriage, lots of witnesses as well.
Thank you kindly.
Thank you kindly.
Jul 19th 2005, 3:09 am
#2
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Re: Married for 5 years???
Originally Posted by nutts4mutts
Maybe somebody can answer my question. My husband and I (USC) got married 5 years ago, he has obviously overstayed his I-94 since he stayed here (US) with me. We made lots of mistakes by listening to other people and taking the wrong way to obtain paperwork he needed to complete the application. My question is simple, can we apply now for his AOS or is it too late? Will he be able to obtain his conditional GC even after 5 years of marriage and stay in the US with me. We have lots of supporting material to prove our legit marriage, lots of witnesses as well.
Thank you kindly.
Thank you kindly.
You should get the straight 10 years GC as you have been married for more than 2 years.
Jul 19th 2005, 3:15 am
#3
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Re: Married for 5 years???
Thank you for your help, that's good news.
Jul 19th 2005, 3:54 am
#4
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Re: Married for 5 years???
Originally Posted by nutts4mutts
My question is simple, can we apply now for his AOS or is it too late?
Will he be able to obtain his conditional GC even after 5 years of marriage and stay in the US with me.
Ian
Jul 19th 2005, 4:03 am
#5
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Joined: Apr 2005
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Re: Married for 5 years???
One thing about long overstays is that they can trigger bans from the US. You may have trouble if he has left the US and returned after a long overstay. Also He can not leave the US until he has Permanent residence status, don't bother with advance parole.
Jul 19th 2005, 5:45 am
#6
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Re: Married for 5 years???
How has he supported himself if he didn't have work authorization? He should also apply for an EAD.
He never left the country after we got married. He's been here and we've had his family's help from overseas sending some money every now and then to help with everything. We will fill out the EAD at the same time with all other documentation related to AOS.
He never left the country after we got married. He's been here and we've had his family's help from overseas sending some money every now and then to help with everything. We will fill out the EAD at the same time with all other documentation related to AOS.
Jul 19th 2005, 6:29 am
#7
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Re: Married for 5 years???
Let me put it this way... We got married while he was in the US, he didn't leave and therefore overstayed his I-94. He hasn't left the country ever since we got married 5 years ago and has no plans on doing so. My question is, can we now apply for AOS? I understand he cannot leave the US.
Jul 19th 2005, 6:34 am
#8
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Re: Married for 5 years???
Originally Posted by nutts4mutts
Let me put it this way... We got married while he was in the US, he didn't leave and therefore overstayed his I-94. He hasn't left the country ever since we got married 5 years ago and has no plans on doing so. My question is, can we now apply for AOS? I understand he cannot leave the US.
To be technically correct he can always leave, getting back in is the tricky bit.
Jul 19th 2005, 6:41 am
#9
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Re: Married for 5 years???
Hello,
I don't want him to leave at all! That's the whole point!
I don't want him to leave at all! That's the whole point!
