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Marriage to Immigrant who entered legally but overstayed

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  • Marriage to Immigrant who entered legally but overstayed

    I married an immigrant who entered US legally but overstayed their B1/B2 date. Their visa (which was for 1 year) is soon to expire and we have to have a sponsor since my income does not meet the federal poverty guideline. We know if we submit applications (the full package, I-30, -465,I864-, I693, G-325) before visa expire without sponsor it will be rejected.

    I have 2 questions:

    Is there a grace period for after visa expires?

    Will he have to leave US?

    Please can someone help us?

  • #2
    Why would it be rejected? Why are you waiting for a sponsor? you can submit the I-864 on the day of the interview. No, he won't have to leave the US since he entered legally. Although your marraige to him will "cure" his overstay, each day that you wait is an addiitonal day that he has overstayed. I don't undertand why you're waiting

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    • #3
      Also although its good to have all your ducks in a row, the I693 can also be submitted at a later date or at the interview.

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