My I-94 has been expired for about 3 months. I was on a B-2 visa. Last week, my girlfriend and I got married. Can she file the I-130/I-485 for me even though I am 3 months out of status?
Overstaying your tourist visa will not on its own render you inadmissible absent other grounds. Make sure you consult an immigration attorney before filing any documents.
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If she is a US citizen and you otherwise qualify then yes. It's best to work with an experienced attorney.
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4 lawyers agree
Yes as to your specific question. I would want to meet with you and make sure there are not other issues before proceeding forward. Feel free to contact me if you'd like help with the immigration process! Good luck, Cassandra Rodriguez
This answer is for general information only and is not intended as legal advice regarding your specific situation. In order to assess your legal matter properly and obtain legal advice, you must contact an attorney directly. Provision of this general information does not create an attorney-client relationship.