Spouse of an lpr with a b1/ b2 visa

[Boiler 43,433]

Nothing happens until you get married and then a wait.

[SusieQQQ 11,584]

8 hours ago, BlessedAssurance said:

Green Card for Family Members of a Permanent Resident

To promote family unity, immigration law allows lawful permanent residents of the United States (Green Card holders or LPRs) to petition for certain eligible family members to obtain immigrant visas to come and live permanently in the United States or to adjust their status to LPRs if they are currently living in the United States.

 

I am wondering what the above is about. However, it could be IF the relative is somehow able to maintain legal status in another manner, such as F1, during the wait for a visa to be available.

Spouse of an LPR can adjust IF there is a visa number available (ie priority date is current) and the spouse has maintained a legal status at all times in the US. Under OP’s current situation this is pretty much an impossible scenario for them.

 

5 hours ago, Diane and Chris said:

Would you suggest they marry while he is still here in the US?  Then he could leave and they could apply for CR1.  Would that take 2 years?  Or, as a LPR, is she even allowed to do this?  

F2A.  IR (and CR) categories are only available to citizens. Current F2A wait time is around 2 years.

Edited July 16, 2018 by SusieQQQ

[JFH 12,189]

OP, if you obtained LPR status by virtue of marriage to someone else, you have to wait 5 years before you can file. Otherwise, you can file as soon as you have the certified marriage certificate and it will take around 2 years. 

[Boiler 43,433]

You have to be in status to adjust status.

[SusieQQQ 11,584]

2 hours ago, Boiler said:

You have to be in status to adjust status.

Exactly, having a lawyer saying it’s ok to overstay is rather worrying. Lawyer clearly focusing on the ban issue and not the more fundamental one, being this? 

[Michael2017 368]

1 minute ago, SusieQQQ said:

Exactly, having a lawyer saying it’s ok to overstay is rather worrying. Lawyer clearly focusing on the ban issue and not the more fundamental one, being this? 

Yes, my lawyer openly even recommended to overstay up to 180 days as it would not cause any harm. Of course we did not do it and also did not engage the lawyer further, but this was the info I got after a paid consultation. 

[Boiler 43,433]

Sounds like you are talking about Consular Processing,

[Michael2017 368]

1 minute ago, Boiler said:

Sounds like you are talking about Consular Processing,

Not at all. 

[Boiler 43,433]

So another duff lawyer.

[mcdull 474]

you cannot petition your unmarried baby father.

 

There is pathway to your destination.

 

Having a baby doesn't change anything.

 

You will need to marry him first and file for a CR1 which will take sometime.

 

 

[SusieQQQ 11,584]

22 minutes ago, Michael2017 said:

Yes, my lawyer openly even recommended to overstay up to 180 days as it would not cause any harm. Of course we did not do it and also did not engage the lawyer further, but this was the info I got after a paid consultation. 

Well, I guess you found one of those lawyers who gives bad advice, overstays are not forgiven for spouses of LPRs and as said as spouse of LPR you cannot adjust status if you have at any stage been out of status since arriving , so kudos to you for having the sense not to follow the lawyer’s advice. 

(Maybe you had an inexperienced lawyer or one used to dealing with spouses of usc where overstays are forgiven and it is only bans that may be an issue. )

Edited July 16, 2018 by SusieQQQ

[Michael2017 368]

3 minutes ago, SusieQQQ said:

Well, I guess you found one of those lawyers who gives bad advice, overstays are not forgiven for spouses of LPRs and as said as spouse of LPR you cannot adjust status if you have at any stage been out of status since arriving , so kudos to you for having the sense not to follow the lawyer’s advice. 

(Maybe you had an inexperienced lawyer or one used to dealing with spouses of usc where overstays are forgiven and it is only bans that may be an issue. )

Thanks, but overstays under 180 days are forgiven. If you overstay less than 180 days and return back to your country and have the interview there, the overstay is no issue.

The overstay above 180 days is not forgiven for a LPR spouse. 

Edited July 16, 2018 by Michael2017

[SusieQQQ 11,584]

1 minute ago, Michael2017 said:

Thanks, but overstays under 180 days are forgiven. If you overstay less than 180 days and return back to your country and have the interview there, the overstay is no issue.

The overstay above 180 days is not forgiven for a LPR spouse. 

So as boiler said, you are talking about consular processing and not AOS!  Confusing why you responded “not at all” above then.

[Boiler 43,433]

Sounds like you are confusing different issues.

[Michael2017 368]

Just now, SusieQQQ said:

So as boiler said, you are talking about consular processing and not AOS!  Confusing why you responded “not at all” above then.

I was of the impression your comment was a general comment in regards to overstay for a LPR spouse.  When commenting above about lawyer`s advice it was clearly about AOS.