Marrying a us resident benfits

[aaron2020 11,651]

If his mother becomes a citizen, he will be eligible to adjust status as an immediate relative without a waiver. They would need to upgrade the I-130 by sending a copy of her naturalization. The waiver is needed for reentry if he leaves the USA prior to that.

He's 39 years old, so he can't adjust as an Immediate Relative.

He's a tourist visa overstay, so that makes him inadmissible. That means he needs a waiver to overcome the inadmissibility.

So why do you think he does not need a waiver?

Edited March 4, 2012 by aaron2020

[Dakine10 5,452]

He's 39 years old, so he can't adjust as an Immediate Relative.

He's a tourist visa overstay, so that makes him inadmissible. That means he needs a waiver to overcome the inadmissibility.

So why do you think he does not need a waiver?

http://www.visajourney.com/forums/topic/355442-marrying-a-us-resident-benfits/page__view__findpost__p__5199271

[Imagination 15]

IF OP was legal, his girlfriend would have been able to apply for adjustment of status (being permanent resident).

"Green card holder (Permanent resident)

Inside the United States (through lawful admission or parole)

File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information."

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16aa3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=16aa3e4d77d73210VgnVCM100000082ca60aRCRD

Since that is not the case, she can file for you if you leave the country, and return after a visa becomes available to you and gets issued.

Now, if you leave, you might be denied a visa (based on your fiance/spouse) to reenter because of your previous overstay.

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You are in a tough situation, I would highly recommend a good lawyer.