Hello,
I need some help.
I am a US citizen an di married a women from South America,who came in US with Student visa but after we started dating decided to stay and over stay her visa.Now that we married i would like for her to become ligal.We do not really looking for the Green Card per sue,but have a work permite and the ability to go in and out of the US.
Can any one suggest where to start?!
Thank you

http://www.visajourney.com/forums/index.ph...page=i130guide2

Hi. I would suggest you contact an immigration attorney as your case has some complications. Also, I don't think this forum is here to help US citizens help make an illegal immigrant become legal (after your wife overstayed her visa she became illegal). I'm sure there are some ways around it but I won't suggest anything because I don't think it's fair to us and other US citizens who are trying to do the right thing i.e. going about it the right way to get our loved ones here and not breaking the law. Had your wife returned back to her country before her visa expired, you would probably have no or minimal problems getting her back to the United States. I hope it all works out for you and best of luck.


Safiya

Actualy this is not a case of illegal immigration, OP's spouse came here legaly as a student, and met someone and married, the overstay will be forgivin through mariage to a US citizen.

The only wrinkle is what type of student visa, if it had a required foreign residency like most J1 visas, then a waiver will be needed, and for this consult an immigration attorney.

The link I quoted above will spell out exactly what is done in this case.

Thank you for the correction. I was under the assumption that is wife was illegal once she overstayed her visa. Also the poster titled it "How to Legalize my Illegal Spouse." But I looked it up and I see what you're saying. Thanks again.

start out by filing I-130 and I-485.
Do no leave the US until you have a green card in hand, otherwise she wont be getting back in.

permanent working and travel priveleges is exactly what a greencard does..... anything else is temporary in nature...

Hi,

You don't need laywer.I overstay my visa too. You have to fill all forms:
I-130
I-485
I-693 and vacctination supplement
I-864
I-765
I-131 optional( if she need to travel, but since she overstay i wouldn't suggest).
G325A two forms for her (make sure to send all 4 copies)
G325A for you just you need to sign, you don't need to repeat information
You have all forms on uscis.gov web. You can dowload it.Read every instruction detal and everything what they looking for try to colect.
GOOD LUCK!!!

To get work authorization and the ability to go in and out of the US, she needs to apply for the green card.

YuandDan already supplied the link to the guides - you have to file I130 and I485 concurrently and she CANNOT leave the USA until she has advanced parole or her green card (though it's not always recommended to use AP with excessive overstays - but you're paying for it even if you don't apply with the current fee schedule).

Overstay and illegal work are forgiven through marriage to a US citizen.

Oh here we go again. The OP (and everyone else who has adjusted from other types of visas other than K1/K3) is doing exactly what you are trying to do - get their spouse in status in the USA, which is the entire point of this site. Doing K1/K3 does not make anyone better than anyone else, and adjusting from and overstayed visa is completely legal, with little to no complications. My husband had a 5 year overstay, and no way in hell were we going to send him back to Peru after we got married only to spend a few thousand dollars more on paperwork when it's completely fine to do it from the States.

She is 'illegal' under the usual handwringing over illegals usage. Were she to be caught, she could be deported and depending on how long she's been here, she could be banned from the country. But since she entered legally, she can adjust status based on her marriage. If she'd entered illegally, she wouldn't be able to do that without returning home and the USC filing a waiver.

But what is NOT true is that helping someone get legal is doing something against VJ's terms of service. Helping someone use the LEGAL means at their disposal is not ILLEGAL. Whether you personally approve of their relationship is besides the point.

Anyhow, to the OP. Read through the guides. The process is pretty straightforward. You'll file all the paperwork within the U.S., and she should NOT leave the U.S. until she has her green card.

One thing you will need to determine is what kind of student visa she had. Some J-1s require that the person return home for two years after completing schooling, usually when the home government is paying for the person's training or if it's something like medicine. You'll need to find out if that was part of the conditions of her visa, because she won't be able to get a green card unless she either a) fulfills that time at home or b ) she gets a waiver. Not all Js have that requirement. And if she came on an F-1, there's nothing to worry about at all.

Thank you much for this !

She had F-1 so i assume she should be fine
Tahnk you all again.