Adjustment of Status

[duitta2g15 26]

Hi everyone,

A friend of mine came to the USA to attend a conference and after the conference, he met his long time sweetheart and they started kicking it and decided to get married in order for him to stay. However, she is a permanent resident and not yet a citizen.  She meets all the requirements to become a citizen,  but she hasn’t filed her N400 yet. They love each other and went right ahead and got married. My question is, can he adjust his status since she’s not a citizen yet or does he have to wait until she’s citizen before his status can be adjusted? Also, what are other options that he can explore? 

[mroctober430 0]

Yes, if she has a green card (permanent resident), than she can petition for her spouse. 

 

https://www.uscis.gov/family/family-green-card-holders-permanent-residents

Edited February 28, 2020 by mroctober430

[Nat&Amy 623]

28 minutes ago, duitta2g15 said:

Hi everyone,

A friend of mine came to the USA to attend a conference and after the conference, he met his long time sweetheart and they started kicking it and decided to get married in order for him to stay. However, she is a permanent resident and not yet a citizen.  She meets all the requirements to become a citizen,  but she hasn’t filed her N400 yet. They love each other and went right ahead and got married. My question is, can he adjust his status since she’s not a citizen yet or does he have to wait until she’s citizen before his status can be adjusted? Also, what are other options that he can explore? 

When does your friend's authorized stay end? (Note: even if they have a ten year visitor visa, that is NOT their authorized stay - talking here about the date stamped on passport at time on entry). Where is your friend from?

 

Overstays are NOT forgiven for spouses of Permanent Residents, and the naturalization process takes months (if not years) to be completed. 

 

Also, have your friend create an account here on Visajourney because if they are planning to immigrate, they have a lot to read here.

 

ETA: if your friend has just arrived, there is always the option of returning to their home country and applying for a spousal visa. If they came to the US on a conference I am assuming they have academic/professional matters to deal with before permanently relocating to another country? 

Edited February 28, 2020 by Nat&Amy

[igoyougoduke 1,676]

33 minutes ago, duitta2g15 said:

Hi everyone,

A friend of mine came to the USA to attend a conference and after the conference, he met his long time sweetheart and they started kicking it and decided to get married in order for him to stay. However, she is a permanent resident and not yet a citizen.  She meets all the requirements to become a citizen,  but she hasn’t filed her N400 yet. They love each other and went right ahead and got married. My question is, can he adjust his status since she’s not a citizen yet or does he have to wait until she’s citizen before his status can be adjusted? Also, what are other options that he can explore? 

if he over stayed than he cannot adjust. As long he has maintained his legal status, no issues here 

[duitta2g15 26]

6 minutes ago, Nat&Amy said:

When does your friend's authorized stay end? (Note: even if they have a ten year visitor visa, that is NOT their authorized stay - talking here about the date stamped on passport at time on entry). Where is your friend from?

 

Overstays are NOT forgiven for spouses of Permanent Residents, and the naturalization process takes months (if not years) to be completed. 

 

Also, have your friend create an account here on Visajourney because if they are planning to immigrate, they have a lot to read here.

He was enjoying time with his girlfriend and now wife until he overstay his authorize time in the USA. He’s from Ghana. 

[Cyberfx1024 7,980]

Just now, duitta2g15 said:

He was enjoying time with his girlfriend and now wife until he overstay his authorize time in the USA. He’s from Ghana. 

Well unfortunately he has to go home because he can not just adjust status with a spouse that is a GC holder. He needs to go back now before risking future consequences 

[duitta2g15 26]

1 minute ago, Cyberfx1024 said:

Well unfortunately he has to go home because he can not just adjust status with a spouse that is a GC holder. He needs to go back now before risking future consequences 

But while if he remains under the radar until his wife gets citizenship and then file for him? 

[Nat&Amy 623]

1 minute ago, duitta2g15 said:

He was enjoying time with his girlfriend and now wife until he overstay his authorize time in the USA. He’s from Ghana. 

If he has overstayed, Adjusting Status is no longer an option. He is currently deportable and should leave the country before his overstay incurs in a ban. 

[Cyberfx1024 7,980]

1 minute ago, duitta2g15 said:

But while if he remains under the radar until his wife gets citizenship and then file for him? 

That is a big IF right there. 

[igoyougoduke 1,676]

3 minutes ago, duitta2g15 said:

But while if he remains under the radar until his wife gets citizenship and then file for him? 

That would be live saving pennies and losing 100$ bills. Not recommended but everyone makes their own choice 

Edited February 28, 2020 by Donald120383

[Nat&Amy 623]

12 minutes ago, duitta2g15 said:

But while if he remains under the radar until his wife gets citizenship and then file for him? 

Many before your friend have tried to "stay under the radar" and found in the worst possible way that sometimes all it takes to be "in the radar" is to be at the wrong place at the wrong time. Naturalization is not a process that is completed overnight, and why spend months or even years in hiding, with no ability to work or to come and go as they please when there is an absolutely legal and viable path for them to take instead? 

Edited February 28, 2020 by Nat&Amy

[Crazy Cat 42,416]

He is accruing illegal stay.  He needs to go back to Ghana.....He is why people from Ghana have problems getting visas.

Edited February 28, 2020 by missileman

[Nat&Amy 623]

It is unfortunate that in many countries (Brazil included - that is where I am from), people embark on their immigration journey through all kinds of inappropriate means, most of the times encouraged by friends or relatives who entered the US through such means and have managed to settle down despite all obstacles. The perseverance is to be applauded but at the end of the day, it sets a precedent that consulate officers will use to grant or decline temporary visas to applicants of those countries... 

[Ryan H 3,834]

~~~Closed for review~~~

 

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Edited February 29, 2020 by Ryan H