Permanent Green Card Holder marrying overstayer

[PhilLuv 43]

Hi Visa Journeyers, I am hoping someone would chip in with valuable information for my cousin. She is an overstayer and has asked me if she can marry a permanent resident to adjust her stay. Unsure I told her I will ask on her behalf. Will her visa overstay be forgiven?

[OLee 64]

She can marry a permanent resident, but she won’t be able to adjust. Permanent resident will be able to petition, but not to help her adjust. She will have to go home, face the overstaying penalty by several years’ bar to begin with.

   Only by marrying a usc the overstay is forgiven and AOS is possible without leaving the country.

[little immigrant 800]

When is the permanent resident eligible to naturalize? 

[SusieQQQ 11,584]

There’s also the possibility of a hardship waiver for the ban. That would be filed after the visa interview and I believe adds approx another year to the process (after the couple of years waiting for interview, assuming intended fiancé remains an LPR; shorter if he becomes a citizen). So around 3 years before she can return to the US (if waiver approved), a bit shorter if fiancé/husband becomes a citizen in the interim. 

 

i hope I’m not reading too much into the way the question was phrased, which made it sound like adjustment of status would be the main goal of getting married.

 

Edited June 20, 2018 by SusieQQQ

[Boiler 43,431]

She would be much better of marrying a USC.

[OLee 64]

9 hours ago, little immigrant said:

When is the permanent resident eligible to naturalize? 

Depends on when and what base they got their green card.

[geowrian 22,335]

Yes she can marry. No she cannot adjust status as overstay is not ignored as the spouse of an LPR.

If she naturalizes, the overstay will be ignored for AOS purposes. There's also the risk of removal proceedings being opened and/or actually being deported in the meantime, which will severely complicate the case (and cost a heck of a lot more).

 

If she leaves the US on her own will, she will receive a 3 or 10 year bar for the overstay, depending on how long she overstayed. She can file an I-601 to waive this bar after she is otherwise eligible for the visa (after the interview).

An I-601A is also possible, which provisionally waives the unlawful presence bar upon exit from the US. If that is her only issue, then this would be the quickest path to being back together. If there are any other inadmissibilities, then this is a waste of time/money/stress.

Edited June 21, 2018 by geowrian