green card

[mseck8688 16]

I am a green card holder filing for my spouse an undocumented with an overstayed b1 visa .can I get her a legal status we are married over a year .

[PaulaCJohnny 713]

19 minutes ago, mseck8688 said:

I am a green card holder filing for my spouse an undocumented with an overstayed b1 visa .can I get her a legal status we are married over a year .

I don’t think so. This is for USC marring to a person that overstay.

 

Your wife will probably need to leave the country, wait for the process there and file waiver if allowed.

 

How long have she overstated?

[Loren Y 2,755]

As the other poster mentioned, overstay is only forgiven upon marriage to a US citizen. Once you become a USC, then I believe you can file for her no issue.

[mniceguy16 186]

1 hour ago, PaulaCJohnny said:

I don’t think so. This is for USC marring to a person that overstay.

 

Your wife will probably need to leave the country, wait for the process there and file waiver if allowed.

 

How long have she overstated?

From My understanding, he is a green card holder and his wife overstayed her b1/b2 visa.

Edited August 18, 2022 by mniceguy16

[SalishSea 17,928]

1 hour ago, mseck8688 said:

I am a green card holder filing for my spouse an undocumented with an overstayed b1 visa .can I get her a legal status we are married over a year .

No.   She is out of status, and cannot adjust status.

[AnJay 137]

Your wife can only adjust status from B2 overstay if you are US Citizen. So, no. 

[Demise 1,295]

12 hours ago, mseck8688 said:

I am a green card holder filing for my spouse an undocumented with an overstayed b1 visa .can I get her a legal status we are married over a year .

 You will either need to naturalize, or she will need an I-601A waiver. In the first case - overstays are forgiven in cases of immediate relatives (spouses, parents, and unmarried children under 21) of US Citizens. In the latter - the hardship waiver waives the 10 year ban associated with an overstay, she still won't be able to adjust in US, but if the 10 year ban is waived prospectively of her leaving she'd just leave, attend the consular interview, get her F21 visa, and return to US as an LPR.

[Family 4,025]

Go ahead and apply for N-400 now and also file the I-130 for your wife. She can wait here while you naturalize and the I-130:will be upgraded once you are a US Citizen. 

She can then file the I-485 w a copy of the I-130 ( even if it’s still pending) and a copy of the Natz Certificate  as the overstay will be forgiven.

 

Is there a reason you have not applied for N-400? 
 

[SalishSea 17,928]

39 minutes ago, Family said:

Go ahead and apply for N-400 now and also file the I-130 for your wife. She can wait here while you naturalize and the I-130:will be upgraded once you are a US Citizen. 

She can then file the I-485 w a copy of the I-130 ( even if it’s still pending) and a copy of the Natz Certificate  as the overstay will be forgiven.

 

Is there a reason you have not applied for N-400? 
 

Why do you assume OP is eligible for citizenship?

[Chancy 6,241]

*** Moved from US Citizenship Progress Reports to AOS from Work/Student/Tourist Visas forum -- question is about acquiring legal status for spouse of LPR, with overstay ***

 

[Sinead91 249]

8 hours ago, Jorgedig said:

Why do you assume OP is eligible for citizenship?

OPs history shows them posting for info on naturalization after marriage to a USC for 4 years

[Rocio0010 5,579]

I thought you were married but separated and asking about filing for i751? So what’s what? 

 

[mseck8688 16]

8 minutes ago, Rocio0010 said:

I thought you were married but separated and asking about filing for i751? So what’s what? 

 

my case had been approved a long time ago and I am married to a new woman who is pregnant of my new baby

[Rocio0010 5,579]

14 minutes ago, mseck8688 said:

my case had been approved a long time ago and I am married to a new woman who is pregnant of my new baby

“A long time ago “… as in filing a join 751 in February with your USC spouse? Yeah, no. I’m sorry. That doesn’t add up. There is no way a 751 that you were planning to file in February of this year has already been approved, unless either you’re extremely lucky and had no bumps on the road, or I’m misunderstanding 

[Timona 4,207]

When did you file your I-751? 

When did you file divorce?

When was divorce finalized?