AOS based on marriage to a permanent resident

[athena_ny 1]

I have tried searching but haven't been very successful. This is not about me, my husband received his residency a year ago in April, however his sister was here on a student visa. She's overstayed and worked illegally (same situation as him, they are working through a wrongful death lawsuit concerning their father) and she's getting married this week apparently (I'm not invited, I wouldn't know) to a permanent resident.

I posted in another forum on here that we think he is abusive, and we've tried to make her stop and think (they only got engaged last week) but she is having none of it. I think he is using the fact that she SOMEDAY may be able to get her residency to rush it, and is telling her she'll get it right away.

Don't spouses of permanent residents get a priority date? I remember reading somewhere that there was a priority date and they had to wait until their's came up, and it was only the spouses of US citizens that had an immediately available visa number.

Also, am I correct that work and overstay is not forgiven through marriage to a permanent resident? I know it is through marriage to a US citizen.

I am planning on telling her what's what so he can't use this to control her, which is part of what I think he's doing. I don't agree with any of this, but please do not bash me or my interests, because this isn't about whether I think she should get her residency or not, I just need to know if she will and how long, basically.

[payxibka 10,047]

I believe what you wrote is consistent with reality... The forgiiveness of previous "sins" is an accomodation and for the benefit of the USC... The USCIS makes no similar accomodation to LPR's..

Certain direct family relationships with a USC provides for immediate visa priority... again that does not apply to LPR's

[YuAndDan 153]

You cannot adjust status based on a marriage to another LPR, only a marriage to a US Citizen can adjust status.

LPR can file I-130 for their spouse, however, this does not result in a visa being immediately made available which is a requirement of the I-485. The I-130 will take several years to process and get transfered to foreign consulate for visa interview.

[athena_ny 1]

I believe what you wrote is consistent with reality... The forgiiveness of previous "sins" is an accomodation and for the benefit of the USC... The USCIS makes no similar accomodation to LPR's..

Certain direct family relationships with a USC provides for immediate visa priority... again that does not apply to LPR's

Thanks.

I just found the current visa bulletin which shows a 5 year wait currently. (Why is it only after I ask that I can find what I am looking for? It's like when you lose something and you finally give up and buy a new one, and then the thing you lost appears. Haha.)

[athena_ny 1]

You cannot adjust status based on a marriage to another LPR, only a marriage to a US Citizen can adjust status.

LPR can file I-130 for their spouse, however, this does not result in a visa being immediately made available which is a requirement of the I-485. The I-130 will take several years to process and get transfered to foreign consulate for visa interview.

Upon which, she would have to go to Lima for the interview, and would then be denied for overstay and illegal work. Do waivers apply?

(Is it sad I'm hoping no? This girl has just screwed my husband and I over in more ways than one, so I'm wishing bad things.)

[YuAndDan 153]

You cannot adjust status based on a marriage to another LPR, only a marriage to a US Citizen can adjust status.

LPR can file I-130 for their spouse, however, this does not result in a visa being immediately made available which is a requirement of the I-485. The I-130 will take several years to process and get transfered to foreign consulate for visa interview.

Upon which, she would have to go to Lima for the interview, and would then be denied for overstay and illegal work. Do waivers apply?

(Is it sad I'm hoping no? This girl has just screwed my husband and I over in more ways than one, so I'm wishing bad things.)

A waiver can be filed for, only upon the request of the interviewing officer at the consulate.

[athena_ny 1]

You cannot adjust status based on a marriage to another LPR, only a marriage to a US Citizen can adjust status.

LPR can file I-130 for their spouse, however, this does not result in a visa being immediately made available which is a requirement of the I-485. The I-130 will take several years to process and get transfered to foreign consulate for visa interview.

Upon which, she would have to go to Lima for the interview, and would then be denied for overstay and illegal work. Do waivers apply?

(Is it sad I'm hoping no? This girl has just screwed my husband and I over in more ways than one, so I'm wishing bad things.)

A waiver can be filed for, only upon the request of the interviewing officer at the consulate.

Alright, fabulous. Thanks!