Can he petition for his wife?

[baron555 934]

Also with all this overstay she may be barred from adjusting.

[YuAndDan 153]

did i mention that she is living here in the US with him? does this make a difference? but since her visa expired she's an illegal immigrant here and since her husband is a LPR, he was told he can petition for her? or is this only true when the benificiary is outisde the US? because in form I-130 it states "A CITIZEN OR LAWFUL PERMANENT RESIDENT OF THE US MAY FILE THIS FORM....."

He can file an I-130 for her, but she cannot ADJUST STATUS, CANNOT FILE an I-485.

When a Citizen files the I-130, the petition is approved within a few months, and NVC can assign a Case number immediately.

When a NON-Citizen (LPR) holder files the I-130, the petion gets placed in storage for a few years, after which it gets processed, and sent to NVC where it again gets placed in storage until a visa number becomes available and assigned to the case, which also can take a year or so.

AOS (I-485) can only be applied for in the first case Citizen filing I-130, NOT the latter, (NON-Citizen filing the I-130).

His wife is living in the USA illegally and is subject to deportation, his filing an I-130 will not change anything, she cannot file for AOS, cannot file for EAD, and cannot file for AP. The moment she leaves the USA she WILL NOT be able to return.

Similar topics:

http://www.visajourney.com/forums/index.ph...=198034&hl= (AOS if siblings also limited class, NO-CAN-DO)

http://www.visajourney.com/forums/index.ph...=198405&hl= (Filed I-130 and I-485 when LPR, I-130 eventually got approved and sent to NVC, I-485 failed)

[Bobby+Umit 161]

Plus - once she leaves, she may be subject to a ban upon return. So a waiver may be needed.

If she is over 180+ = 3 year ban

1 year or more = 10 years.