Q: My husband wants to file the I130 but I have over stayed my time already would that be a problem? What docs do we need?
A: If you Enter the country Legally, and your husband is a US citizen, then he can sponsor you for a green card despite the overstay. Counsel anywhere in the United States can represent you from start to finish.
A: Generally speaking, with some exceptions, overstaying one's status is not an impediment to seeking permanent residency from within the United States based on marriage to a U.S. Citizen. You should likely schedule a consultation with a competent and experienced immigration attorney who can evaluate whether any of the aforementioned exceptions apply to you. (For example: Did you last enter on a K-1 fiance(e) visa, but not marry the original petitioner from that case?) In the privacy of a consultation, an attorney can also ask you a series of questions to determine whether any other problems might exist (e.g., past negative immigration or criminal history). Many law firms, including mine, are offering online video and telephone consultations during the COVID-19 pandemic. Good luck to both you and your husband!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
