Spouse illegally in US

[e-l-l-e 1]

Hi,

 

If my spouse came here on a tourist visa that is expired and then we married, does he have to file for pardon? If so which form? I assume if the pardon is accepted we proceed with an I-30. Is that right?

[sparkles_ 456]

Full AOS package....i130/485/765/medical exam and the data form and all fees. AOS forgives overstay typically.

[geowrian 22,335]

13 minutes ago, sparkles_ said:

Full AOS package....i130/485/765/medical exam and the data form and all fees. AOS forgives overstay typically.

I don't think the OP is a USC, according to their timeline. Also, an immediate visa is not available for IRs of an LPR, so they will have to wait until their PD is current. This is more complicated than just filing for AOS. I suggest seeking a good immigration attorney.

 

A hardship waiver (I-601) is not available for an overstay of an LPR.

[sparkles_ 456]

7 hours ago, geowrian said:

I don't think the OP is a USC, according to their timeline. Also, an immediate visa is not available for IRs of an LPR, so they will have to wait until their PD is current. This is more complicated than just filing for AOS. I suggest seeking a good immigration attorney.

 

A hardship waiver (I-601) is not available for an overstay of an LPR.

If they are an LPR then yes, this just got complicated. 

[e-l-l-e 1]

Hi Geowrian,

 

i don't understand all the acronyms. Can you elaborate?

 

thanks!

elda

[NigeriaorBust 4,087]

  Are you a US citizen or do you live in the US under some other status like a green card ?

[geowrian 22,335]

1 hour ago, e-l-l-e said:

Hi Geowrian,

 

i don't understand all the acronyms. Can you elaborate?

 

thanks!

elda

Sure. Do you have a green card (LPR status)? Or are you a US citizen (USC)? This is very important because if you are a US citizen, then you can just file Adjustment of Status (AOS) for your spouse. Her overstay will be ignored, and she can get a green card in roughly a year. It's nice and simple.

 

If you are NOT a US citizen, then...to be blunt...you've got quite a few problems. Her overstay will not be ignored for Adjustment of Status. Furthermore, there would be no immediate visa available for her. It pretty much puts you in a place where:

1) You cannot file for AOS due to her overstay.

2) She cannot qualify for a visa while in the US with the overstay.

3) If she leaves the US, then you can file for a visa, but the act of leaving the US would result in a ban, for which you cannot get a waiver as a green card holder.

 

The "quickest" way to be with her legally would be for you to become a US citizen. Then you can either do AOS if she is in the US, or file for an IR-1 visa (using a waiver that you would now qualify for) if she is outside the US. Either way, she is illegally in the US and subject to deportation at any time. If she gets deported, then things just get even more complicated and very quickly.

[e-l-l-e 1]

11 hours ago, geowrian said:

I don't think the OP is a USC, according to their timeline. Also, an immediate visa is not available for IRs of an LPR, so they will have to wait until their PD is current. This is more complicated than just filing for AOS. I suggest seeking a good immigration attorney.

 

A hardship waiver (I-601) is not available for an overstay of an LPR.

I am U. S. Citizen. What steps do I take?

Do I need to submit the form to pardon the expired visa? And then based inthat reponse apply for AOS?

[geowrian 22,335]

4 minutes ago, e-l-l-e said:

I am U. S. Citizen. What steps do I take?

Do I need to submit the form to pardon the expired visa? And then based inthat reponse apply for AOS?

Ah, okay.  That makes it much, much simpler. I assumed you were the LPR from your timeline...my mistake.

 

No, you don't need to submit anything for your spouse's overstay. It will be ignored for AOS purposes. Just follow the guide here:

http://www.visajourney.com/content/i130guide2

[e-l-l-e 1]

Ok so start with the I-485 not the I-30

[geowrian 22,335]

You will need to submit the I-485, I-130, I-864, and G-325A together.. I would also recommend including the I-765 (EAD, which is her working permit) and I-131 (Advance Parole, which lets her leave the US). Those 2 forms are free when filing AOS.

 

Also, include the G-145 if you want to get electronic notification of status updates for your case. This is also at no cost.

[NikLR 13,220]

G-1145

Read the guide that was provided OP. Treat each part of the AOS like its own petition apart from the others. So if the i-130 requires a marriage certificate photocopy, and the i-485 also requires one, send one with each petition. 

[geowrian 22,335]

1 minute ago, NikLR said:

G-1145

Read the guide that was provided OP. Treat each part of the AOS like its own petition apart from the others. So if the i-130 requires a marriage certificate photocopy, and the i-485 also requires one, send one with each petition. 

Yes. I actually just noticed the typo. XD  Thanks for fixing it for me.

Edited February 1, 2017 by geowrian

[e-l-l-e 1]

ok got it! Thanks you guys for helping out on this! You saved me attorney fees. muahzz 

[e-l-l-e 1]

wait... what about the medical. Is a medical exam and vaccinations not needed then?