Need input

[~Jackie~ 30]

Hi. I am trying to help a friend of my husband's. I have read thru USCIS site all night and I need help. Here is the situation.

The man comes to the US after his sister petitioned for him. He has a 10 yr perm. resident card. He marries a lady here on a B1 visa. Can he petition for her to stay or does she have to return to her country? I read that a PermRes can petititon for a spouse but I am unclear if it can be done while she is here. Her B1 visa expires in February. I was reading about a form '539' does anyone have experience in this?

Thanks in advance for any help. I'm going cross-eyed reading all this.

Jackie

[athena_ny 1]

Well. It is almost February, so she would be in danger of overstaying ... and while overstays are forgiven through marriage to a US citizen, if he's only a green card holder, the overstay might not be forgiven. I'd say probably not, but I'm not 100% sure.

As for I-539, that's to extend the visa or to change to another NONimmigrant status.

Either way, I would say the best bet is for her to return to her country. It's the best way to do things, IMO.

Hi. I am trying to help a friend of my husband's. I have read thru USCIS site all night and I need help. Here is the situation.

The man comes to the US after his sister petitioned for him. He has a 10 yr perm. resident card. He marries a lady here on a B1 visa. Can he petition for her to stay or does she have to return to her country? I read that a PermRes can petititon for a spouse but I am unclear if it can be done while she is here. Her B1 visa expires in February. I was reading about a form '539' does anyone have experience in this?

Thanks in advance for any help. I'm going cross-eyed reading all this.

Jackie

[Miranda&James 8]

The petitioning process for him to get her here is very long since he is not a US citizen. How long until he is eligible for citizenship? That makes things years faster and might even be faster than him trying to bring her here legally as a permanent resident. Right now the processing dates for permanent resident petitioning for spouse at one of the service centers is Jan 1 2005, so that's well over a two year wait. About her having to leave, I'm not sure, but have your friend do some research on http://www.uscis.gov. Their site is actually pretty helpful and could give them some good answers. As far as I know he would file I-130 but I do not know if that can be directly done with the AOS application or if that has to be done while she is out of the country and filing for an immigrant visa to come back in here.

Edited January 30, 2007 by Miranda&James

[~Jackie~ 30]

Thanks for your responses. He has 2 years before he can apply for citizenship.

Can he file the I130 along with AOS and her stay while waiting? Because the 539 is to change to a non immig status, I'm thinking the I130 would be how to change to an immig status. I emailed USCIS and will try calling them today.

Thanks.

Jackie

[Miranda&James 8]

Thanks for your responses. He has 2 years before he can apply for citizenship.

Can he file the I130 along with AOS and her stay while waiting? Because the 539 is to change to a non immig status, I'm thinking the I130 would be how to change to an immig status. I emailed USCIS and will try calling them today.

Thanks.

Jackie

I'm not really sure, but I'm sure someone else who knows will be able to pipe up soon!

[john_and_marlene 162]

Can he file the I130 along with AOS and her stay while waiting?

No

[Yodrak 7]

Jackie,

Read the instructions attached to I-485 - Who Is Not Eligible to Adjust Status.

Yodrak

Hi. I am trying to help a friend of my husband's. I have read thru USCIS site all night and I need help. Here is the situation.

The man comes to the US after his sister petitioned for him. He has a 10 yr perm. resident card. He marries a lady here on a B1 visa. Can he petition for her to stay or does she have to return to her country? I read that a PermRes can petititon for a spouse but I am unclear if it can be done while she is here. Her B1 visa expires in February. I was reading about a form '539' does anyone have experience in this?

Thanks in advance for any help. I'm going cross-eyed reading all this.

Jackie

[meauxna 15]

Can he file the I130 along with AOS and her stay while waiting?

No. Like Yodrak suggests, read the form instuctions.

The wait for the spouse of an LPR is currently 4-5 years long. As soon as he is a citizen, he can upgrade his petition and she can "immediately" apply for a visa (it's not instantaneous, but allows them to get iin the USC line like most of us here).

She has to stay in the US on her own valid visa (not the B), or wait outside the US.