Married to a permanent resident???

[saratara 0]

Hi everyone,

Please if you can help me to understand this. I just met girl and she needs help. She came in USA before two years on J-1 visa (but not subject for two-year home country residence). She met boyfriend here, and he is permanent resident.

She just got marry to him, and she is out of status.

Can she adjust or no?

What she needs to do?

Thank you so much for help!

SARATARA

[john_and_marlene 162]

Hi everyone,

Please if you can help me to understand this. I just met girl and she needs help. She came in USA before two years on J-1 visa (but not subject for two-year home country residence). She met boyfriend here, and he is permanent resident.

She just got marry to him, and she is out of status.

Can she adjust or no?

What she needs to do?

Thank you so much for help!

SARATARA

She could adjust, even if out of status, if she had married a USC.

She cannot adjust based on marriage to LPR.

How long until the spouse can apply for naturalization?

How much out of status time has accrued?

[saratara 0]

She is out of status since march last year. Her husband got welcoming letter to a PR I think last year

[john_and_marlene 162]

She is out of status since march last year. Her husband got welcoming letter to a PR I think last year

Her best move right now would be to exit the U.S. before a 3 year ban turns into a 10 year ban. Her husband can petition her as an LPR and the ban will be over by the time a priority date becomes current. If she stays out of status beyond 1 year, the ban will be 10 years.

[Minya's wife 24]

This brings to mind a question that has been nagging at me. I know overstays are forgiven if you adjust status based on marriage to a USC....and that sometimes couples even wait quite a long time before they adjust status (finances or whatever being the reason).

So what would happen if the one waits out the time period until the PR hubby becomes naturalized, and applies for AOS after that? (...while, doing nothing to jeopardize AOS, like working illegally of the like....just living out of status with her husband.) What are the chances of AOS being approved in this instance?

-P

[Nanusia & Lukaszek 0]

This brings to mind a question that has been nagging at me. I know overstays are forgiven if you adjust status based on marriage to a USC....and that sometimes couples even wait quite a long time before they adjust status (finances or whatever being the reason).

So what would happen if the one waits out the time period until the PR hubby becomes naturalized, and applies for AOS after that? (...while, doing nothing to jeopardize AOS, like working illegally of the like....just living out of status with her husband.) What are the chances of AOS being approved in this instance?

-P

I know of someone that married a LPR, filed the paperwork (she was out of status for 2-3 yrs already at time of marriage). The paperwork was filed on basis of marriage to LPR. Once LPR got citizenship, the paperwork was accelerated. All out of status time was fogiven (by then it was way over 3yrs), GC issued, no problems.

Since waiting to go through LPR paperwork is like 5-6 yrs in some cases, by that time the LPRs become citizens, and then the overstays are forgiven I believe.

Edited: She never left the country during this time. So from time she got married to LPR she just stayed and waited it out.

Edited February 26, 2008 by Nanusia & Lukaszek

[john_and_marlene 162]

This brings to mind a question that has been nagging at me. I know overstays are forgiven if you adjust status based on marriage to a USC....and that sometimes couples even wait quite a long time before they adjust status (finances or whatever being the reason).

So what would happen if the one waits out the time period until the PR hubby becomes naturalized, and applies for AOS after that? (...while, doing nothing to jeopardize AOS, like working illegally of the like....just living out of status with her husband.) What are the chances of AOS being approved in this instance?

-P

The chances are excellent for approval, but that would be advocating a course of action that is not legal and therefore against the TOS for this website.

There are also, however, the chances for something going wrong during the illegal presence followed by deportation and a lengthy or permanent bar.