AOS

[Theghost2020 0]

HELLO  i am legal permanent resident with 10 year green card my GF I WANT TO marry came and overstayed her tourist visa for 3 years 

if i marry her and file for her green card how long will she have to wait to have her green card approved .

while i think December I will apply for my us citizenship also 

 

any ideas will be greatly appreciated 

[little immigrant 801]

You need to be a citizen. 

Edited November 4, 2021 by little immigrant

[Crazy Cat 41,886]

51 minutes ago, Theghost2020 said:

HELLO  i am legal permanent resident with 10 year green card my GF I WANT TO marry came and overstayed her tourist visa for 3 years 

if i marry her and file for her green card how long will she have to wait to have her green card approved .

while i think December I will apply for my us citizenship also 

 

any ideas will be greatly appreciated 

She cannot adjust through you as a spouse of a Green Card holder.  She has violated the terms of her visa (out of status).  If she has worked without authorization, that is also a bar for adjustment of status. 

[EmilyW 1,437]

She's not in a great spot, from an immigration perspective.  She is deportable and, given the length of her overstay, she will have a ban when she leaves the country.

 

If you were a US citizen, you could marry her, and then do an adjustment of status.  Her overstay would be forgiven.

 

You are not a US citizen, so this option is not available to you.

[arken 4,197]

File for citizenship, become one and then go with your spouse's AOS. 

[da95826 387]

11 hours ago, Theghost2020 said:

any ideas will be greatly appreciated 

Go ahead and get married if you want to, there is an advantage to being married over 2 years when you are finally able to sponsor her for her green card.

You can file a i130 visa petition for her if you wish after you get married but you can not adjust her status until you are a citizen. 

 

Given current immgration policies there is little risk of her getting deportation if she is free of criminal activity. 

 

My advice: get married soon, apply for your naturalization when you can, then file for her adjustment of status package for her the day after you become a citizen. She would likely get a 10 year green card by the time she is approved for the green card.

 

Good luck to both of you.

 

 

[TBoneTX 45,304]

Thread is moved to the "AOS from WS&T Visas" main forum.

[Rocio0010 5,579]

22 hours ago, Crazy Cat said:

She cannot adjust through you as a spouse of a Green Card holder.  She has violated the terms of her visa (out of status).  If she has worked without authorization, that is also a bar for adjustment of status. 

Quick question: suppose that she adjusts status once he becomes a USC. She worked unauthorized while he was a gc holder. Would this be forgiven once he becomes a USC?  Or would it be forgiven only if he was a USC by the time she engaged in unauthorized work (hope my question is clear)

[Crazy Cat 41,886]

3 hours ago, ra0010 said:

Quick question: suppose that she adjusts status once he becomes a USC. She worked unauthorized while he was a gc holder. Would this be forgiven once he becomes a USC?  Or would it be forgiven only if he was a USC by the time she engaged in unauthorized work (hope my question is clear)

Any previous illegal work is not a bar for adjustment of status for immediate relatives of US citizens.  It will be a non-issue.

[Tom_Jim 40]

I believe AOS can only be achieved if she's married to a USC. 

[KindSoul 2]

Marry now and file. But AOS will be done only when you're an USC   but clock will start running towards two years of marriage 

[igoyougoduke 1,656]

On 11/23/2021 at 2:45 PM, MirrorMan said:

Marry now and file. But AOS will be done only when you're an USC   but clock will start running towards two years of marriage 

file what ?

[KindSoul 2]

File paperwork. It was reply to "Theghost2020"