If a US citizen is married to a non US citizen (Lady). And her visa has expired and is overstaying her visa. Is she eligible to file i485 or...

Question

If a US citizen is married to a non US citizen (Lady). And her visa has expired and is overstaying her visa. Is she eligible to file i485 or i130?

Answer

No, unless she applies and recieves a special waiver for her violation.

Answer

Please call me at (212) 968-8600. Kind regards, RDM

Answer

She does NOT need any type of waiver if she had a legal entry, overstayed her visa, remained in the U.S. & then married a U.S. citizen in the U.S. You can go ahead & file the I-130 & I-485 now.