VISITING AND GOT MARRIED

[Hadeze 0]

My wife is from Hungary and was in the USA on a visitor visa issued back in 2000 and it expired in June 2002. She has a minor child in the USA who was born here and is a US Citizen. How should we go about getting her green card? Should I file the I-130 and send it in. Any advise would be appreciated..

[Otto 83]

You guys would likely want to follow the path outlined in this link (it's a little more than just the I-130).

For such a long overstay (8+ years or so) it might not be a bad idea to at least have a consultation with a qualified family-based immigration attorney just to be sure you've got your ducks in a row.

[Hadeze 0]

You guys would likely want to follow the path outlined in this link (it's a little more than just the I-130).

For such a long overstay (8+ years or so) it might not be a bad idea to at least have a consultation with a qualified family-based immigration attorney just to be sure you've got your ducks in a row.

I am filling out the G-325A forms and on the bottom there is a question it says "this form is submitted in connection with an application for:" what should I select the options are "naturalization, status as permanent resident, or other".

Thanks in advance

[fabulous02 1]

I am filling out the G-325A forms and on the bottom there is a question it says "this form is submitted in connection with an application for:" what should I select the options are "naturalization, status as permanent resident, or other".

Thanks in advance

For the non US citizen, you should check the option - Status as permanent resident

For the US citizen, select Other and write - I-130 Petition for alien relative

I believe this is accurate, but feel free to correct me if this is wrong.

[Hadeze 0]

On the I-765 form I have to select an eligibility catagory and am having difficulty determing what catagory to use. Any ideas?

[Zen Den 18]

My wife is from Hungary and was in the USA on a visitor visa issued back in 2000 and it expired in June 2002. She has a minor child in the USA who was born here and is a US Citizen. How should we go about getting her green card? Should I file the I-130 and send it in. Any advise would be appreciated..

yes, that's normally how you start, -with the I130. check out the uscis.gov website for more specific info for your situation.

[Hadeze 0]

On the I-765 form I have to select an eligibility catagory and am having difficulty determing what catagory to use. Any ideas?

To answer my own question anyone needing help in this situation go here My linkhttp://www.visajourney.com/forums/topic/247627-i-765-form/

Thanks

[DukeOfYork 28]

If your child was born in the USA, I don't see why you would have to file an I-130 for him/her since he/she is a US citizen and has a birth certificate.

Is your wife still residing in the US eight years after her visa expired? If so, you really need to consult with an Immigration attorney.

[Hadeze 0]

If your child was born in the USA, I don't see why you would have to file an I-130 for him/her since he/she is a US citizen and has a birth certificate.

Is your wife still residing in the US eight years after her visa expired? If so, you really need to consult with an Immigration attorney.

Her visa is still valid it expires september this year. The question regarding the son is do I need to show him as a dependent on the I-864 form? The I-94 is expired is that a problem?

[DukeOfYork 28]

Her visa is still valid it expires september this year.

Well that changes things. Keep in mind the first sentence in your first post says this:

My wife is from Hungary and was in the USA on a visitor visa issued back in 2000 and it expired in June 2002

You even used the past tense expired, so it appeared to me that you were filing the I-130 and AOS about eight years late. If that were the case, your wife faces a 10 year ban for overstaying her visitors visa.

[inloveVEN 46]

Hi

just to be sure that we can understand you well.

In her passport there is a valid tourist visa B1 B2, with multiple entrys valid for several years and when she arrived they gave her a legal time to stay at US for 3 or 6 month in the I-94 form. I ask you because for me is not clear what kind of visitor visa is? If i am right, i think it is a tourist visa B2 ( but as far as i know people from most of european countries dont need a tourist visa so they get a waiver valid for 3 month).

If this is like i said, is very important to contact a lawyer because she has been illegally in the USA since her i-94 had expired. Is not clear if she has asked for an extent of validity period of the i-94.

I hope i could help you

RG

[Rebecca Jo 1,962]

You even used the past tense expired, so it appeared to me that you were filing the I-130 and AOS about eight years late. If that were the case, your wife faces a 10 year ban for overstaying her visitors visa.

No one incurs the ban until they leave the US.

[DukeOfYork 28]

No one incurs the ban until they leave the US.

True, but by filing for AOS while she is illegally in the country, they are alerting the authorities that she has overstayed her visa. Unless the law changes, they will possibly deport her and then not let her in for 10 years as she has presumably overstayed by over 6 months past her 18th birthday.

[Rebecca Jo 1,962]

True, but by filing for AOS while she is illegally in the country, they are alerting the authorities that she has overstayed her visa. Unless the law changes, they will possibly deport her and then not let her in for 10 years as she has presumably overstayed by over 6 months past her 18th birthday.

There's always a slim chance that adjustment of status may be denied.

But an alien who petitions to adjust their status via marriage to a US citizen will not be deported for an overstay.

[sachinky 465]

File for AOS. Read the guides on AOS from B-2.

Her overstay will be "forgiven" once her AOS is approved on the basis of her marriage to you, a USC.