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  • Family Immigration

    Here is my dilema and I will appreciate any ideas or suggestions. I am an LPR and I will be eligible to file for citizenship in 2004. I got married in 2001 and file an I-130 for my Bitish wife. After two years of shuttling between the U.S and Britain, we decided that she should stay back in America so that we can start a family. She has overstayed are B2 visa now and my question is, will this affect me when I file for citizenship and will she be able to change her status eventually? Thanks

  • #2
    Here is my dilema and I will appreciate any ideas or suggestions. I am an LPR and I will be eligible to file for citizenship in 2004. I got married in 2001 and file an I-130 for my Bitish wife. After two years of shuttling between the U.S and Britain, we decided that she should stay back in America so that we can start a family. She has overstayed are B2 visa now and my question is, will this affect me when I file for citizenship and will she be able to change her status eventually? Thanks

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    • #3
      Having a wife who overstayed her visa will not affect your application for naturalization. You can file an I-130 for her now or wait until you get citizenship, but she won't be able to adjust status in the US until you are a USC. Stay out of trouble, and you will be OK.

      The Grand Poo-Bah
      Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

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      • #4
        I just want to say thank you Lord Chief Justice for taking out time to respond to my question. I
        appreciate it.

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        • #5
          For the time being until you become a USC and can file for her as your immediate relative, your wife should not leave the country. If she does and then tries to return to the US, she may be denied re-admission and be faced with a bar on re-entry for a numver of years (depending on how long she has been unlawfully present in the USA). Good luck!

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