non US citizen petition spouse

[Lexis300 0]

not sure where to start so here's the dilemma.

I have a friend(permanent resident) who is married to a non resident immigrant. Pretty much my friends spouse overstayed here visa and now she's out of status.

Question is can my friend petition her even though he is not a US citizen?if yes, what forms are needed for the petition.

how long is the process for this? Dont know where to start, any help would be appreciated.

[merkin&regine 18]

Technically, yes... He can file an I-130 petition but can't file a concurrent I-485(AOS) as F2a visa(spouse visa for LPR) are not immediately available as oppose to IR1/CR1visa (if he's a US Citizen).

One of AOS requirement is this:

You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

[nightingalejules 678]

not sure where to start so here's the dilemma.

I have a friend(permanent resident) who is married to a non resident immigrant. Pretty much my friends spouse overstayed here visa and now she's out of status.

Question is can my friend petition her even though he is not a US citizen?if yes, what forms are needed for the petition.

how long is the process for this? Dont know where to start, any help would be appreciated.

Your friend can petition- same basic forms as for USC, but he'll be petitioning as a Legal Permanent Resident. (F2A) He will go about it the same way as a USC would... if his wife is living in the US, he can apply for an adjustment of status once there is a visa available (unlike with a USC, there is theoretically a quota for spouses of LPRs, although with how long USC spouse visas are taking right now, it's really about a wash.)

Once she gets her AOS, the overstay will be forgiven, but if she leaves the country between now and then she will get a temporary ban and will need a waiver. So AOS is definitely the way to go.

It will take awhile, and she'll be out of status that whole time. So your friend had better get cracking. I-130. Read the instructions, put the package together, pay the money, get it rolling!

[merkin&regine 18]

Which would mean that your friend's LPR spouse would have to leave the country and wait for the petition there.

[merkin&regine 18]

Your friend can petition- same basic forms as for USC, but he'll be petitioning as a Legal Permanent Resident. (F2A) He will go about it the same way as a USC would... if his wife is living in the US, he can apply for an adjustment of status once there is a visa available (unlike with a USC, there is theoretically a quota for spouses of LPRs, although with how long USC spouse visas are taking right now, it's really about a wash.)

Once she gets her AOS, the overstay will be forgiven, but if she leaves the country between now and then she will get a temporary ban and will need a waiver. So AOS is definitely the way to go.

It will take awhile, and she'll be out of status that whole time. So your friend had better get cracking. I-130. Read the instructions, put the package together, pay the money, get it rolling!

I would disagree on this as your overstay can only be forgiven if you are:

An immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);

Quote from I-485:

Who is not eligible to adjust status:

You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

A. An immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);

Since his friend is still an LPR, the spouse won't be forgiven and be deported.

[KayDeeCee 4,896]

~ Moved from AOS from Family Based Visas to Bringing Family Members of Permanent Residents to America - topic about LPR filing for spouse ~

[Neonred 3,648]

I would disagree on this as your overstay can only be forgiven if you are:

An immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);

Quote from I-485:

Who is not eligible to adjust status:

You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

A. An immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);

Since his friend is still an LPR, the spouse won't be forgiven and be deported.

[aleful 1,905]

Your friend can petition- same basic forms as for USC, but he'll be petitioning as a Legal Permanent Resident. (F2A) He will go about it the same way as a USC would... if his wife is living in the US, he can apply for an adjustment of status once there is a visa available (unlike with a USC, there is theoretically a quota for spouses of LPRs, although with how long USC spouse visas are taking right now, it's really about a wash.)

Once she gets her AOS, the overstay will be forgiven, but if she leaves the country between now and then she will get a temporary ban and will need a waiver. So AOS is definitely the way to go.

It will take awhile, and she'll be out of status that whole time. So your friend had better get cracking. I-130. Read the instructions, put the package together, pay the money, get it rolling!

hi

overstay is not forgiven for spouses of LPR unless the spouse becomes a USC. Only overstay is forgiven for spouses of USC. LPR spouses can only adjust status in the US if they are legally in the US or those who a few months ago their priority date was current

[yomi0518 8]

I am lpr petitioner of i130 for my wife 4 years ago and could'nt get her legal , now Im applying for citizenship that way she can apply for aos here in the us and become a permanent resident

[belinda63 3,047]

She has a choice.

1. She can leave the country now and wait for consular processing. Assuming she has not overstayed more than 179 days there should be no problem. If she has overstayed 180 days or more in the US she will have a ban and if it has not been served out by the time the visa interview comes a waiver will have to be filed. Wait times are difficult to predict but more than one year currently.

2. She can remain in the US out of status and subject to arrest, detention, and deportation while she waits for him to obtain citizenship. She will not be able to work or obtain a driver's license. When he becomes a citizen he can petition for her and her overstay will be forgiven.

[sbai2000 31]

not sure where to start so here's the dilemma.

I have a friend(permanent resident) who is married to a non resident immigrant. Pretty much my friends spouse overstayed here visa and now she's out of status.

Question is can my friend petition her even though he is not a US citizen?if yes, what forms are needed for the petition.

how long is the process for this? Dont know where to start, any help would be appreciated.

Yes, he can petition for her but because she is out of status it will go nowhere because she will not be able to adjust to permanent residency in the US. She will need to go back to her home country to complete the process and when she tries to re-enter the US, she will be faced with whatever ban is applicable.

visa violations are only forgiven if you are the immediate relative of a US citizen - not of a LPR.

So your friend needs to become a US citizen then he can file for his wife and she can adjust without leaving the US.

[Lexis300 0]

Wow pretty tough then.My friend needs to wait for the spouse to get a citizenship.

[NigeriaorBust 4,087]

If your friend overstayed a K1 then no one can petition for her via AOS unless it was the original K1 petitioner