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mseck8688 Enthusiast

mseck8688   16

Posted
Filed: EB-1 Visa Country: Portugal
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I am a green card holder filing for my spouse an undocumented with an overstayed b1 visa .can I get her a legal status we are married over a year .

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PaulaCJohnny Community Regular

PaulaCJohnny   713

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
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Posted
19 minutes ago, mseck8688 said:

I am a green card holder filing for my spouse an undocumented with an overstayed b1 visa .can I get her a legal status we are married over a year .

I don’t think so. This is for USC marring to a person that overstay.

 

Your wife will probably need to leave the country, wait for the process there and file waiver if allowed.

 

How long have she overstated?

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Loren Y Proficient

Loren Y   2,755

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Filed: Citizen (apr) Country: Thailand
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Posted

As the other poster mentioned, overstay is only forgiven upon marriage to a US citizen. Once you become a USC, then I believe you can file for her no issue.

Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

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mniceguy16 Enthusiast

mniceguy16   186

Posted
Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted (edited)
1 hour ago, PaulaCJohnny said:

I don’t think so. This is for USC marring to a person that overstay.

 

Your wife will probably need to leave the country, wait for the process there and file waiver if allowed.

 

How long have she overstated?

From My understanding, he is a green card holder and his wife overstayed her b1/b2 visa.

Edited by mniceguy16
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SalishSea Grand Master

SalishSea   17,829

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
1 hour ago, mseck8688 said:

I am a green card holder filing for my spouse an undocumented with an overstayed b1 visa .can I get her a legal status we are married over a year .

No.   She is out of status, and cannot adjust status.

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Demise Proficient

Demise   1,283

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Filed: AOS (apr) Timeline
Posted
12 hours ago, mseck8688 said:

I am a green card holder filing for my spouse an undocumented with an overstayed b1 visa .can I get her a legal status we are married over a year .

 You will either need to naturalize, or she will need an I-601A waiver. In the first case - overstays are forgiven in cases of immediate relatives (spouses, parents, and unmarried children under 21) of US Citizens. In the latter - the hardship waiver waives the 10 year ban associated with an overstay, she still won't be able to adjust in US, but if the 10 year ban is waived prospectively of her leaving she'd just leave, attend the consular interview, get her F21 visa, and return to US as an LPR.

Contradictions without citations only make you look dumb.

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Family Mentor

Family   3,988

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Go ahead and apply for N-400 now and also file the I-130 for your wife. She can wait here while you naturalize and the I-130:will be upgraded once you are a US Citizen. 


She can then file the I-485 w a copy of the I-130 ( even if it’s still pending) and a copy of the Natz Certificate  as the overstay will be forgiven.

 

Is there a reason you have not applied for N-400? 
 

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SalishSea Grand Master

SalishSea   17,829

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Filed: Lift. Cond. (apr) Country: New Zealand
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39 minutes ago, Family said:

Go ahead and apply for N-400 now and also file the I-130 for your wife. She can wait here while you naturalize and the I-130:will be upgraded once you are a US Citizen. 


She can then file the I-485 w a copy of the I-130 ( even if it’s still pending) and a copy of the Natz Certificate  as the overstay will be forgiven.

 

Is there a reason you have not applied for N-400? 
 

Why do you assume OP is eligible for citizenship?

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Sinead91 Enthusiast

Sinead91   249

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Filed: Lift. Cond. (pnd) Country: Ireland
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Posted
8 hours ago, Jorgedig said:

Why do you assume OP is eligible for citizenship?

OPs history shows them posting for info on naturalization after marriage to a USC for 4 years

Immigration Specialist for Cap Exempt organization. Happy to help with H-1B / J-1 / Change of status :) 

Marriage Based AOS

  • Wedding: 05/16/2020
  • Packet sent: 01/07/2020
  • NOA1 i485, i130, i131 + i765: 08/10/2020
  • Biometrics i765: 10/07/2020
  • Biometrics i485: 10/20/2020
  • EAD + AP approved: 11/03/2020
  • EAD + AP card arrived: 11/09/2020
  • SSN arrived: 11/10/2020
  • Interview: 02/22/2021
  • Approved: 02/22/2021
  • GC arrived: 03/01/2021
  • ROC packet filed: 01/13/2023
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Rocio0010 Mentor

Rocio0010   5,579

Posted
Filed: Citizen (apr) Country: Argentina
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Posted

I thought you were married but separated and asking about filing for i751? So what’s what? 

 

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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mseck8688 Enthusiast

mseck8688   16

Posted
Filed: EB-1 Visa Country: Portugal
 Timeline
  • Author
Posted
8 minutes ago, Rocio0010 said:

I thought you were married but separated and asking about filing for i751? So what’s what? 

 

my case had been approved a long time ago and I am married to a new woman who is pregnant of my new baby

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Rocio0010 Mentor

Rocio0010   5,579

Posted
Filed: Citizen (apr) Country: Argentina
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Posted
14 minutes ago, mseck8688 said:

my case had been approved a long time ago and I am married to a new woman who is pregnant of my new baby

“A long time ago “… as in filing a join 751 in February with your USC spouse? Yeah, no. I’m sorry. That doesn’t add up. There is no way a 751 that you were planning to file in February of this year has already been approved, unless either you’re extremely lucky and had no bumps on the road, or I’m misunderstanding 

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Timona Experienced

Timona   4,207

Posted
Filed: Citizen (apr) Country: Kenya
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Posted

When did you file your I-751? 

When did you file divorce?

When was divorce finalized?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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