More details to this question:
I overstayed my visitor s visa for less than 180 days. My husband is a LPR and filed i130 to petition for me, but it hasnt been approved yet. Im currently outside the USA and considering applying for a second visitor s visa to avoid being separated from my husband for too long. If our i130 was approved while Im in the USA, would I be able to adjust status despite I overstayed a previous visitor s visa?
1 ANSWER
Based on your facts, I don't think you would be inadmissible due to the overstay and thus not be required to file a waiver so I see no problem there. As far as applying to enter the USA on a tourist visa and then adjusting status, that is preconceived intent and is illegal. Why? because you are stating that your intent is just to visit but your real intent is to remain permanently. I suggest that you do everything honestly and go through the spousal visa route. When you guys filed the i130 did you put down that you are living outside the USA? Retain counsel here in Florida for representation.
Answered on Feb 29th, 2020 at 9:51 AM