Green Card Holder

[akodiet 0]

Since Im already on the board, my friend marry's a green card holder. her visa is out of status. the guy she married got denied on his citizenship, so as they married and file petition for her. How long would my friend has to wait for her to have a social security?

Seeking for someone who has a good heart to answer my query! god bless

[akodiet 0]

Since Im already on the board, my friend marry's a green card holder. her visa is out of status. the guy she married got denied on his citizenship, so as they married and file petition for her. How long would my friend has to wait for her to have a social security?

Seeking for someone who has a good heart to answer my query! god bless

[akodiet 0]

Since Im already on the board, my friend marry's a green card holder. her visa is out of status. the guy she married got denied on his citizenship, so as they married and file petition for her. How long would my friend has to wait for her to have a social security?

Seeking for someone who has a good heart to answer my query! god bless

[YuAndDan 153]

Your question is un-clear, do they both have green cards or only one has green-card?

A green-card holder has no use for a visa, there is no status to be out of, they have a green-card their status is LPR.

A non-imigrant that is out of status and does not have green-card cannot adjust status based on marriage to another green-card holder, they would file for immigrant visa with F2 priority, this visa can take several years to get.

A non-immigrant can adjust status only based on marriage to a US Citizen.

Edited November 26, 2007 by YuAndDan

[YuAndDan 153]

SEE Duplicate, give people a chance to answer before posting again.

http://www.visajourney.com/forums/index.php?showtopic=97778

[YuAndDan 153]

SEE Duplicate, give people a chance to answer before posting again.

http://www.visajourney.com/forums/index.php?showtopic=97778

[akodiet 0]

Sorry I thought I did not post it because my computer restarted suddenly, anyways. Thanks for the reply. I'll check it out..........God Bless

[akodiet 0]

My friend visa is out of status while the guy she married is a green card holder, is there any chance that she can change her status to resident alien?

Since Im already on the board, my friend marry's a green card holder. her visa is out of status. the guy she married got denied on his citizenship, so as they married and file petition for her. How long would my friend has to wait for her to have a social security?

Seeking for someone who has a good heart to answer my query! god bless

[eau_xplain 2]

If by "out of status" you mean your friend is in the US, then NO. She cannot apply for adjustment of status as her (soon to be) spouse is not a USC. Only those who are married to USCs can apply for adjustment status while still in the US.

[akodiet 0]

Thanks for the detailed reply.........I told my friend about it and there's another inquiry, her husband (GC holder) applied for petition already for her and her two kids (now in philippines), can you tell me how long will it take the kids to go here? in case my friend got her green card, can she petition her kids right away?

If by "out of status" you mean your friend is in the US, then NO. She cannot apply for adjustment of status as her (soon to be) spouse is not a USC. Only those who are married to USCs can apply for adjustment status while still in the US.

[Mr. Big Dog 10,747]

Thanks for the detailed reply.........I told my friend about it and there's another inquiry, her husband (GC holder) applied for petition already for her and her two kids (now in philippines), can you tell me how long will it take the kids to go here? in case my friend got her green card, can she petition her kids right away?

If by "out of status" you mean your friend is in the US, then NO. She cannot apply for adjustment of status as her (soon to be) spouse is not a USC. Only those who are married to USCs can apply for adjustment status while still in the US.

If the kids are under 18 at the time of marriage then they are considered step-children of the petitioner (in the INA pretty much the same as children). The LPR spouse (the guy with the GC) can petition for an immigrant visa for the kids overseas (I-130) but they need to wait the same as the spouse for a visa number to become available. That's roughly 5 years for the 2A category which they would fall into as long as they are under 21 - or 9 years if they are older and unmarried. As far as I know, they have no way of coming to the US until then.

You mentioned earlier that the guy with the GC was denied citizenship. Why? Is he not eligible or did he just fail the test. If the latter, he'll have another shot at it eventually. Naturalization would change the equations for the unlawfully present spouse and the kids overseas altogether.