I have heard rumors about changes to rules in case of a US citizen sponsoring their spouse who is out of status by overstaying their visitor visa where the sponsored spouse has to go back to their home country to apply for green card.
I would appreciate if anyone anyone can confirm or deny this.
A U.S. citizen can file the FORM I-130 on behalf of a spouse.
The FORM I-485 can be filed by the beneficiary spouse who has lawfully entered but has overstayed.
The rumors that you have heard are unsubstantiated.
No, they have not changed the rule about overstays and marriage to an American citizen. I have been practicing law for 37 years and I have NEVER had the USCIS question an application from a person who married a US citizen and entered the country legally. The longest overstay duration of one of my clients is 18 years! See this link for a more detailed explanation:
This response is provided for informational purposes only. It is not legal advice and does not create an attorney-client relationship. If you think that my answer is HELPFUL or the BEST ANSWER, please so indicate. Questions and answers posted to this forum are public and cannot be kept confidential. Although admitted to the District of Columbia Bar, I currently reside in Texas and I am authorized to practice U.S. immigration law worldwide. My website is www.edylaw.com and my email address is [email protected]
There may be rumors about that but they are not correct. There have been no changes on that issue. Good luck.
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