Need help

[dady12 12]

5 minutes ago, aaron2020 said:

You have to wait 5 years.  You will not be able to meet the requirements of having a US spouse for 3 years and living with a US spouse for 3 years if you try to apply under the 3 years rule.

 

 

Thanks for your prompt reply but if she go to her own country she will ban 10years , can i still bring her back by filing for waiver when i am a LPR?

[dady12 12]

3 hours ago, NancyNguyen said:

If your green card is from a marriage with usc then no you can’t sponsor new spouse (no out of status) until 5 years later.

But if i ask her to go to her country and she will be having 10years ban, can i file for  a waiver when i am a legal permanent resident?

[HRQX 4,145]

2 hours ago, dady12 said:

But since i suppose to file for usc for 3 years when i was with my late wife,can i still file for the same 3years since she died when we are still together

You are not eligible for 3-year rule. See 8 CFR 319.1(b)(2)(i): "Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen."

4 hours ago, NancyNguyen said:

If your green card is from a marriage with usc then no you can’t sponsor new spouse (no out of status) until 5 years later.

That does not apply in OP's case. See INA 204(a)(2)(B): "Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of an alien if the prior marriage of the alien was terminated by the death of his or her spouse." Thus OP can now file Form I-130 for new wife.

5 hours ago, dady12 said:

out of statue wife?

She cannot adjust status. But you can file Form I-130 for her: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"

After that is approved she can file Form I-601A for a provisional waiver: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers "The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview." That limits the time outside US. Some lucky cases just spend 2 to 3 weeks outside the US. Other cases end-up spending months outside the US before returning with Immigrant Visa.

Edited February 7, 2021 by HRQX

[dady12 12]

22 minutes ago, HRQX said:

You are not eligible for 3-year rule. See 8 CFR 319.1(b)(2)(i): "Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen."

That does not apply in OP's case. See INA 204(a)(2)(B): "Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of an alien if the prior marriage of the alien was terminated by the death of his or her spouse." Thus OP can now file Form I-130 for new wife.

She cannot adjust status. But you can file Form I-130 for her: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"

After that is approved she can file Form I-601A for a provisional waiver: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers "The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview." That limits the time outside US. Some lucky cases just spend 2 to 3 weeks outside the US. Other cases end-up spending months outside the US before returning with Immigrant Visa.

Thank u so much for your deligent searching.  I appreciate your hard work.God bless all those who contributed 

[little immigrant 801]

Hi this is my experience and by no means advice. I was an LPR and I married my husband who overstayed. I waited until I became a citizen under the 5 years rule. The same day I took the oath, we applied for my husband's AOS. I was scared the whole time that he'd get deported. He would have gotten a 10 year ban if he had gone back as well. He has a green card now. 

[caliliving 606]

35 minutes ago, little immigrant said:

Hi this is my experience and by no means advice. I was an LPR and I married my husband who overstayed. I waited until I became a citizen under the 5 years rule. The same day I took the oath, we applied for my husband's AOS. I was scared the whole time that he'd get deported. He would have gotten a 10 year ban if he had gone back as well. He has a green card now. 

exactly! she just has to wait the 5 years for you to be a USC and then you can apply.  If she goes back, she will have a 10 year ban and you still can not apply until you are a USC. 

[HRQX 4,145]

Just now, caliliving said:

she will have a 10 year ban

Thus why she shouldn't leave before the provisional waiver is approved:

2 hours ago, HRQX said:

https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers "The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview." That limits the time outside US. Some lucky cases just spend 2 to 3 weeks outside the US. Other cases end-up spending months outside the US before returning with Immigrant Visa.

 

1 minute ago, caliliving said:

and you still can not apply until you are a USC. 

OP can submit I-130 right now for a spouse:

2 hours ago, HRQX said:

INA 204(a)(2)(B): "Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of an alien if the prior marriage of the alien was terminated by the death of his or her spouse." Thus OP can now file Form I-130 for new wife.

 

[dady12 12]

1 hour ago, little immigrant said:

Hi this is my experience and by no means advice. I was an LPR and I married my husband who overstayed. I waited until I became a citizen under the 5 years rule. The same day I took the oath, we applied for my husband's AOS. I was scared the whole time that he'd get deported. He would have gotten a 10 year ban if he had gone back as well. He has a green card now. 

Ok thanks and i appreciate

[dady12 12]

58 minutes ago, caliliving said:

exactly! she just has to wait the 5 years for you to be a USC and then you can apply.  If she goes back, she will have a 10 year ban and you still can not apply until you are a USC. 

Ok thanks i will advice her to wait

[dady12 12]

58 minutes ago, HRQX said:

Thus why she shouldn't leave before the provisional waiver is approved:

 

OP can submit I-130 right now for a spouse:

 

I appreciate your time sir.thank u

[Demise 1,283]

15 hours ago, dady12 said:

Can a legal permanent resident who just adjusted his statue file for out of statue wife?what are the conditions applied.thanks as i await your reply

Well you can (contrary to most opinions here), however overstays are not forgiven in cases of spouses of LPRs, meaning that you will either need to naturalize (which you can do after being an LPR for 5 years) which would let your new spouse adjust despite an overstay or pursue an I-601A waiver and have your current spouse do consular processing once that's approved. I would recommend at very least scheduling a consultation with a lawyer that does waivers. I do not recommend DIYing those things. 

 

Also, contrary to some posts, the 5 year wait time to sponsor a new spouse after getting your green card via marriage is not applicable in cases where your prior marriage was terminated by death of the spouse that got you the green card.

[dady12 12]

2 hours ago, Demise said:

Well you can (contrary to most opinions here), however overstays are not forgiven in cases of spouses of LPRs, meaning that you will either need to naturalize (which you can do after being an LPR for 5 years) which would let your new spouse adjust despite an overstay or pursue an I-601A waiver and have your current spouse do consular processing once that's approved. I would recommend at very least scheduling a consultation with a lawyer that does waivers. I do not recommend DIYing those things. 

 

Also, contrary to some posts, the 5 year wait time to sponsor a new spouse after getting your green card via marriage is not applicable in cases where your prior marriage was terminated by death of the spouse that got you the green card.

Ok thanks and i appreciate

[dady12 12]

2 hours ago, Demise said:

Well you can (contrary to most opinions here), however overstays are not forgiven in cases of spouses of LPRs, meaning that you will either need to naturalize (which you can do after being an LPR for 5 years) which would let your new spouse adjust despite an overstay or pursue an I-601A waiver and have your current spouse do consular processing once that's approved. I would recommend at very least scheduling a consultation with a lawyer that does waivers. I do not recommend DIYing those things. 

 

Also, contrary to some posts, the 5 year wait time to sponsor a new spouse after getting your green card via marriage is not applicable in cases where your prior marriage was terminated by death of the spouse that got you the green card.

What do you mean that the  5years is not applicable?when will i start to count 5 years?was it not from when i got the temporary green?

[HRQX 4,145]

6 hours ago, dady12 said:

What do you mean that the  5years is not applicable?

What Demise is saying is that you can file I-130 right now (i.e. you don't have to wait to file that).

[aaron2020 11,651]

Why bother filing the I-130 now when it gets them nothing but put on ICE's radar.

Wait until you are a US citizen to file the I-130.