I overstayed my visa and my husband is petioning me but he is a permanent resident not a citizen?

[PJ1925 2]

NOT Me My sister. Her lawyer did not tell her anything. Her husband is wishing to become a USC but would there be any problem even though he filed the i130 for her? aND when he tries to apply for citizenship would she have a problem when they ask whats her status here?

[Boiler 45,487]

unlikely

[JohnR! 5,495]

NOT Me My sister. Her lawyer did not tell her anything. Her husband is wishing to become a USC but would there be any problem even though he filed the i130 for her? aND when he tries to apply for citizenship would she have a problem when they ask whats her status here?

As a green card holder her husband can file for her residence but she will be in a slow moving line, under category F2. As soon as he becomes a USCitizen, he can have her category moved to CR/IR which is for spouses of US Citizens, which will get her resident status much faster.

Check out the link for family category visas: http://travel.state.gov/visa/immigrants/types/types_1306.html

Good luck!

[aaron2020 11,651]

Where us your sister currently? Is she still in the US? How long has she overstay her visa?

Where us your sister currently? Is she still in the US? How long has she overstay her visa?

[PJ1925 2]

Where us your sister currently? Is she still in the US? How long has she overstay her visa?

Where us your sister currently? Is she still in the US? How long has she overstay her visa?

she is in NYC and she will be here for 9 years next month

[LIFE'SJOURNEY 970]

she is in NYC and she will be here for 9 years next month

That's not an overstay, that's an IDC attitude. That's a guest who has refused to leave.

[PJ1925 2]

That's not an overstay, that's an IDC attitude. That's a guest who has refused to leave.

She overstayed her visa. I know this because I came with her and i already fixed my status.

She overstayed her visa. I know this because I came with her and i already fixed my status.

THERE is no need to answer if you arent going to be polite. Thanks.

[sciencenerd 56]

I believe that the husband will have to become a USC prior to your sister being able to adjust status. She will have to apply for AOS from within the US and then her overstay will not be an issue, but that is only true for spouses of US Citizens. LPRs can petition for spouses, but they have to go the spousal visa route (someone please correct me if I am mistaken). Your sister's status should not impact her husband's naturalization. It is very important that she not leave the US at all until she has a green card in hand. Good luck to her.

[aaron2020 11,651]

Overstays are not forgiven for spouses of LPRs. It also a 3 years wait for a visa number to become available before she can adjust.

Overstays are forgiven for spouses of USCs. Adjustment can be done immediately.

It's best to wait for the husband's US citizenship before your sister apply.

The lawyer only gets paid if your sister pay him now. If she wait, he may not get hire later. Be careful that his interests (ie getting paid) don't drive the process to your sister's detriment.

Edited August 10, 2012 by aaron2020

[Boiler 45,487]

Overstays are not forgiven for spouses of LPRs. It also a 3 years wait for a visa number to become available before she can adjust.

Overstays are forgiven for spouses of USCs. Adjustment can be done immediately.

It's best to wait for the husband's US citizenship before your sister apply.

The lawyer only gets paid if your sister pay him now. If she wait, he may not get hire later. Be careful that his interests (ie getting paid) don't drive the process to your sister's detriment.

Seconded

[PJ1925 2]

thank u all so much for the advices