I am currently in US as an international student, but my visa expires very soon because I graduated. I got married to US

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Customer: Hi, I am currently in US as an international student, but my visa expires very soon because I graduated. I got married to US citizen. I am planning to start the whole process applying for a green card. I have legal entry in the US. can I overstay my visa in the US while all my papers are getting ready to be sent to immingration?
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: no i did not file any paperwork yet. I would like to know is i can legaly stay in the us even if my student visa expired, and i got married to us citizen
JA: Have you talked to a lawyer about the visa?
Customer: no not yet i tried to contact USCIS to ask them but there is no way to be connected to representative
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think this i my main concern right now. If i can stay here or if i have to leave the conutry
Answered by AidaN115 in 6 mins 1 year ago
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AidaN115
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AidaN115, Expert

Hello, my name is ***** ***** I will be the attorney assisting you on your legal question. Please note this is a paid site for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship.

Customer
Hi Aida.
My question is, if i can overstay my visa as an immediate relative of us citizen, and while waiting for my marriage certificate if i can stay here and prepare to file for green card
Customer
can we type for now?
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AidaN115, Expert

Okay so this is a tricky question. Technically, no. You are not allowed to be in the USA without legal status. Once your visa expires you will be out of status. That means that you cannot drive, you cannot work, you cannot travel outside of the USA. If you leave the USA after being in the USA for more than 180 you will be barred from reentering the country for 3 years.

BUT

If you apply for your green card after having a legal entry in the USA, and not leaving after that legal entry, and that green card is based on marriage to a US Citizen, the unlawful presence will be waived and you will be able to get your green card.

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AidaN115, Expert

Problems can arise if before you get your green card you get in trouble with the police or immigration or leave the country - OR - your green card is not approved.

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AidaN115, Expert

If your green card is not approved your unlawful presence will not be waived.

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AidaN115, Expert

In practice, people over stay their visas and apply for a green card based on marriage to US Citizen, they get approved and they become Legal Permanent Residents without a problem. But it is important that you are aware of the risks of doing it that way.

Customer
I understand. is the the exception when immediate relative can overstay visa when married to us citizen? I read about it on the internet, but could not find this information on the USCIS website to have it black on white. Do you know where i can find this info about overstaying my visa and that it is gonna be waived afterwards?
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AidaN115, Expert

So you are not "allowed" to overstay. You will not find anything official that says that.

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AidaN115, Expert

This is why is tricky.

Customer
but it will be waived after i apply? of course cannot get into any trouble
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AidaN115, Expert

Immediate relatives are allowed to adjust status in the USA if they entered legally. That's that. Regarding the unlawful presence, as long you do not leave the country you are not punished for being unlawfully present in the usa. The punishment or what is called 3 or 10 year bar is only triggered once you leave the country after being unlawfully present in the USA.

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AidaN115, Expert

It is not waived per se, it is just that since you never left after your unlawful presence and you are eligible to adjust status through your US Citizen wife, you just dont get that held against you.

Customer
ok I read about the bars also to have an idea what it means. After filing my papers for the green card, and i will also request I765 application for employment authorization. are they gonna issue a SSN for me or only the working permit, and with that i go to apply for SSN?
Customer
also do you know at what point do I go through the medical check up and biometrics?
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AidaN115, Expert

You will get your work permit and the social security card. In the work permit application they ask you if you would like have a social security card issues to you, and you say yes.

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AidaN115, Expert

Medical needs to be submitted with your initial application - you need to submit all required applications together

  1. I-130 Petition for Alien Relative

  1. I-130A Supplemental Info for Spouse Beneficiary

  1. I-485 Application to Register Permanent Residence or Adjust Status

  1. I-864 Affidavit of Support under Section 213A of the INA

  1. I-765 Application for Employment Authorization

  1. I-944 Declaration of Self-Sufficiency

  1. I-693 Report of Medical Examination and Vaccination Record

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AidaN115, Expert

After that you will receive receipts from USCIS telling you they accepted the applications and about a month from that you will get an appointment for your biometrics.

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AidaN115, Expert

I hope this answers your questions, thank you for using Just Answer. Best of luck!

Customer
ok and at what point are they sending the SSN?
Customer
thats just last question
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AidaN115, Expert

about 3 to 6 months after your receive your receipts.

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