Green card married with visa tourist B2

[william2016 0]

This is my story . I came to United States almost two years with green card ! My girl friend came one year after with tourist visa B2 and four months after we got married . Now she is pregnant and I would like to know what form I need to file for her . Did  somebody already done before ?thanks 

Edited July 20, 2017 by william2016

[Becci391 340]

Was it a spontaneous marriage or was the marriage already planned before she entered the US on a tourist visa? Entering the US on a tourist visa and the marriage was already planned is called visa fraud and is illegal. I don't know if she is out of status already...

 

You would have to file I-485, I-131, I-765 and I-131.

Please correct me if I made a mistake with the documents...

[Illiria 980]

Just now, Becci391 said:

Was it a spontaneous marriage or was the marriage already planned before she entered the US on a tourist visa? Entering the US on a tourist visa and the marriage was already planned is called visa fraud and is illegal. I don't know if she is out of status already...

 

You would have to file I-485, I-131, I-765 and I-131.

Please correct me if I made a mistake with the documents...

But as a permanent resident the priority date isn't immediately current so the spouse would have to stay in status to be able to adjust in country as you have to wait when you are the spouse of a permanent resident. His wife is already out of status as have been in for almost a year on a b2 visa which typically is only for six months and so this isn't available, usually the only ones that can do this are those in on a j1 or f1 and can use that to stay in status until their priority date becomes current and they can file the I-485

 

Either she she stays out of status until you become a citizen as overstay is only forgiven for citizens and there would be an immediately current priority date (not reccomended as at any point she could be arrested by ice and deported)

 

or or she goes back home and triggers a ban (as it is over 180 days) wait for him to become a citizen or the ban to expire and then apply for a spousal visa 

[Ontarkie 14,499]

~~Moved to Bringing Family Members or Permanent Residents, from AOS Family - As the OP is not a USC but a green card holder.~~

[Coco8 1,042]

Unfortunately, the overstay is not forgiven for spouses of legal permanent residents (those with green cards). You either have to,

 

(1) wait until you became a citizen (you can check the date on your GC, but I am guessing you still have roughly 3 years to go).

 

(2) Or, if you want to file something for her, she has to leave the country and wait for you to become citizen, and then you can file for her. You could not file for her now because she probably has a 10 year ban and (as far as I know) there are waivers for spouses of US citizens but not for spouses of LPR. Also, if she didn't have the ban, the green card for a spouse of a LPR takes 2 years.

Edited July 20, 2017 by Coco8

[JFH 12,191]

OP, how did you obtain a green card? If it was through marriage to a USC you must wait until you have been an LPR for 5 years (by which stage you are eligible for citizenship anyway) before you can file for your wife.

 

It never ceases to amaze me how many people, after having done everything the correct way for themselves, put their spouses in jeopardy like this. OP, you have been through the immigration process. You know how it works. You know that there are wait times, forms, interviews, medicals, fees. You know that not everyone is eligible to immigrate here and the rules are strict. You didn't come here through the back door. Why are you doing this to your wife? She is at risk of deportation at any moment. She has no legal basis to stay here. If she leaves voluntarily she will have a 10-year-ban. Why on earth have you put her in such a dangerous situation? Is the intention to keep her here long enough to give birth so that the baby has US citizenship? Does she even have insurance? If not, the health of your child is at risk - what if there were complications with the pregnancy and she can't afford to go to the hospital? Those of us who live here, especially those of us who are non-citizens - and that includes you, OP - are fully aware of what is going on here with illegal immigrants. Why anyone would choose that path for their spouse in the current political climate is beyond me. 

[Transborderwife 4,666]

She will have to return home.  How did you come to the USA?

[Unlockable 7,315]

Agreed with others here. As an permanent resident your options are more limited than if you were a US citizen. More information is needed. 

 

If you are looking for a quick fix for your spouse it is not going to happen. Depending how you obtained your green card it can be anywhere from 2 to 5 years before she can get a green card through you.

 

In the meantime, if she stays she will be illegal.

[NigeriaorBust 4,087]

  If she had less that 6 months overstay of the b2 you should send her home immediately .  If 6 months to a year , send her home and her bar will be up right about when it is time for her interview .  If you want to be with her, apply for a returning resident permit and go home with her while you wait ,

[Dianalorena 1,153]

If you went through the process you should have known that there are proper VISAS to do that, @JFH is spot on with her comment. Maybe you didn't know that LPRs take longer in the CR1 process and it's not immediate or that she can't AOS inside the U.S, but you have made a bit of a mess, unknowingly I hope. And now she is pregnant and out of status. 

The right thing is for her to go back to her country and please, don't have her stay and risk deportation for years while you become a citizen. This will only put her and your kid in danger. Not even mentioning the emotional repercussions.  Going back, waiting until you become a U.S citizen and filing for the R1 and the proper waiver is your option. The returning permanent resident and going with her would be the only way for you to be together for the process. Nothing about this will be simple or cheap. Good luck OP

 

 

 

[caliliving 606]

Very simple...she has 2 options 

 

Stays until you are a citizen

 

Leaves and waits out a ban

 

 

Both situations are risky, but I would stay until you are a citizen.  Yes, you should have known to not have hee stay here past her visa date but that is water under the bridge now:/