Legal Permanent Resident Petition for Spouse I-130

[oreyes 0]

hi all, 

             I was reading the discussions but thought i could get any advice/help on my situation. I am a Legal Permanent Resident and want to petition for my spouse and file I-130. My Spouse has a B1-B2 visa card that is currently expired, We are currently living together in U.S. is filling the I-130 the first step?? also, i know there is I-601 and 601A, but those forms are for illegal admissions to the U.S, do she still need to submit a waiver/pardon for being in the U.S with expired visa, she has been here for 18months??? and is the I-130 filled first, then the waiver?? any advise or information would be very helpful!! I'm am trying to file electronically. 

 

 

[Liam2021 583]

52 minutes ago, oreyes said:

My Spouse has a B1-B2 visa card that is currently expired, We are currently living together in U.S

your spouse can not adjust of status since you're LPR and he/she also overstay B1/B1 visa. Unless you become US citizen, consular processing is you only option.

[SusieQQQ 11,586]

Spouse of LPR is barred from adjusting if in an overstay position. The only way is for her to leave the US to get a F2A spousal visa through consular processing. Moreover as the overstay is longer than a year, spouse will trigger a ten year bar on exit from the US. You will presumably want to investigate a waiver for that bar.  This is not going to be quick or easy.
 

Edited October 1, 2020 by SusieQQQ

[oreyes 0]

THANK YOU BOTH FOR THE INFORMATION!