B2 visa and marriage to green card holder

[selma cristina 0]

Hi

Everyone can help me to help one friend of my?...Please. She get here with B2 visa on Julho 2009 and is expired all ready. She got married with a green card holder on junho 2010. Now she wants to apply for her green card or visa whatever...what she should do to do this ? Which forms she has to fill out to send to immigration? Also she does have a Tax ID but not a social security.

Thanks.

[kzielu 1,149]

Hi

Everyone can help me to help one friend of my?...Please. She get here with B2 visa on Julho 2009 and is expired all ready. She got married with a green card holder on junho 2010. Now she wants to apply for her green card or visa whatever...what she should do to do this ? Which forms she has to fill out to send to immigration? Also she does have a Tax ID but not a social security.

Thanks.

She right now can't send anything - her husband has to send I-130 petition for her - since he is LPR (GC holder), she will have to wait for 2-3 years for her visa (due to numerical limits).

Until then she is accumulating overstay (illegal presence), which is forgiven only to US citizen spouses. Therefore if in those 2-3 years visa becomes available, she will be unable to adjust her status (or her AOS will be denied - someone please correct me if I am wrong here). When her husband can obtain his citizenship ?

[selma cristina 0]

She right now can't send anything - her husband has to send I-130 petition for her - since he is LPR (GC holder), she will have to wait for 2-3 years for her visa (due to numerical limits).

Until then she is accumulating overstay (illegal presence), which is forgiven only to US citizen spouses. Therefore if in those 2-3 years visa becomes available, she will be unable to adjust her status (or her AOS will be denied - someone please correct me if I am wrong here). When her husband can obtain his citizenship ?

He did apply for his citizenship, but he did pass the test.. And some one told her , she can apply for her green card..while he's a green card holder .. What you sugest for her I mean what's better now?

[ceadsearc 516]

She can apply based on marriage to a green card holder but not if she is out of status. A visa isn't available immediately for the spouse of a LPR so she would have to wait for it to become available AND she would need to have maintained status up until a visa was available. She is already out of status.

Either her husband can try again to become a citizen and petition for her, or she can return to her home country and wait out the ban she will receive when she leaves (10 years from the sound of it) and then he can petition her as an LPR and she can come once her visa is available.

[NancyNguyen 1,658]

He did apply for his citizenship, but he did pass the test.. And some one told her , she can apply for her green card..while he's a green card holder .. What you sugest for her I mean what's better now?

You really confuse us with you text, did you mean "BUT HE DIDN'T PASS ..."? because BUT = DIDN'T with your context...

[selma cristina 0]

You really confuse us with you text, did you mean "BUT HE DIDN'T PASS ..."? because BUT = DIDN'T with your context...

Kkkkkkkkk sorry about my English ...yes he didn't pass the test....

[NancyNguyen 1,658]

Your friend situation is F2A category with priority date 02/15/2009, that means they are processing petition for application before or on 02/15/2009. Assuming your friend husband applied for her right now November 2011, she has to wait at least another 3 YEARS to get her visa number. The mandatory requirements for F2A is the beneficiary has to maintain his/ her status until the visa number is available. In your friend's situation, she has overstayed since June 2010 (I assume her visa was for 1 year from June 2009) -> she is out of status for about 1.5 years already. In conclusion:

1. She can't file AOS I-485 even when her husband I-130 is approved (when her husband is a LPR by then.)

2. Her husband can file the I-130 right now, and she mustn't leave the US, she mustn't get caught by Immigration (Especially in AZ and Texas, California...) She has to be really low-profiled. 3-year waiting time is enough for her husband to get his naturalization test and pass it (hopefully...) then her case will be changed to Immediate Relative of USC, which will forgive her overstay status, then she can do the AOS when her petition is approved.

Hope this helps.