I130 petition approval

[alextemi2000 0]

Hello,

 

Please I need an advice. I have overstayed in the US( making me an illegal alien). Came in with a tourist Visa and got married a month after. My husband is still a green card holder, although has applied for his Citizenship, but waiting to be called for his interview. We just submitted the i130 and i130A form after 11/2 year of marriage and we have a child together now. We have got lots of evidence that our marriage is real, joint documents etc. Please what is my chance of my petition getting approved and would I be granted the opportunity to adjust my status under form i864? 

 

Thanks for your response.

[pushbrk 12,105]

24 minutes ago, alextemi2000 said:

Hello,

 

Please I need an advice. I have overstayed in the US( making me an illegal alien). Came in with a tourist Visa and got married a month after. My husband is still a green card holder, although has applied for his Citizenship, but waiting to be called for his interview. We just submitted the i130 and i130A form after 11/2 year of marriage and we have a child together now. We have got lots of evidence that our marriage is real, joint documents etc. Please what is my chance of my petition getting approved and would I be granted the opportunity to adjust my status under form i864? 

 

Thanks for your response.

As long as it is only an overstay, and you are still in the US and will remain in the US, the overstay will be forgiven when the I-130 and I-485 are approved.  Did you NOT file the I-485 concurrently with the I-130?

[geowrian 22,335]

The I-130 approval has nothing to do with your legal status. As long as all documents were provided and he is eligible to petition somebody, the I-130 should be approved.

 

You can file the I-485 to adjust status only after he gains citizenship, assuming you are not put into removal proceedings before then for the overstay.

[alextemi2000 0]

@pushbrk thanks for your reply. No I didnt file both concurrently. I was told by several lawyers to file the i-130 now and then when he becomes a citizen I should file the i-485. 

 

@geowrian thanks for your reply. I only pray that it does not come to that, as I cannot afford to leave the US and leave my baby.

 

Should I also send the i-485 now? Would it avoid me being put in the removal proceedings?

[geowrian 22,335]

You're not eligible to adjust status at this time. As the spouse of an LPR, the I-130's Priority Date needs to be current (or otherwise meet the AOS filing chart requirements) AND you must have maintained legal status at all times prior to filing the I-485 (you certainly don't meet this requirement with a current overstay).

The overstay is ignored as the spouse of a US citizen, but not as the spouse of an LPR.

[alextemi2000 0]

1 hour ago, alextemi2000 said:

@geowrian ok, thank you.

 

[pushbrk 12,105]

1 hour ago, geowrian said:

You're not eligible to adjust status at this time. As the spouse of an LPR, the I-130's Priority Date needs to be current (or otherwise meet the AOS filing chart requirements) AND you must have maintained legal status at all times prior to filing the I-485 (you certainly don't meet this requirement with a current overstay).

The overstay is ignored as the spouse of a US citizen, but not as the spouse of an LPR.

That's actually correct.  File the I-485 once your spouse has the Naturalization Certificate.

[alextemi2000 0]

@pushbrk ok, thank you.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.