Announcement

Collapse
No announcement yet.

out of status who married Green card holder

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • out of status who married Green card holder

    hi im out of status here in the US and got married with green card holder for about a year..what should we apply so i can be on status..thank you

  • #2
    hi im out of status here in the US and got married with green card holder for about a year..what should we apply so i can be on status..thank you

    Comment


    • #3
      Hi Friz and welcome,

      How long before your spouse can apply for Citizenship?

      Comment


      • #4
        shes been here for 3 years already.. so i guess 2 year??

        Comment


        • #5
          It's going to be much a much faster and smoother process if she is a citizen - hate to be the bearer of bad news. How did she receive her permanent residency? Through a relative?

          Comment


          • #6
            yes..shes been green card holder for 3 years.

            Comment


            • #7
              Who petioned for her, Friz?

              Comment


              • #8
                her grand mother petioned her father,and my wife was under age..she came becuz she was under age wen here grandma petioned her frather.sorry i dont know what is term.

                Comment


                • #9
                  The process is still going to be easier when she gets her citizenship. Did you come to the US on a visa, or entered without inspection? If you came on a valid visa, the process will go much smoother. If you EWI'd, she will have to file a hardship waiver and you will need to go back to your country of origin for this process.

                  Comment


                  • #10
                    i came here as a k2 visa and after filling for adjustment of status..to make this story short, they denied the applcation.and the officer said that i am not eligible.i enter US before i turned 21..i have already an alien number,i was able to apply SSN and my EAD.but now im out of status..

                    Comment


                    • #11
                      There are other people on this site with more knowledge than I, Friz. Check back tomorrow and see if there are other replies. I still think your best chances are when your spouse gets citizenship, but maybe others have more information. Good luck to you!!!!!

                      Comment


                      • #12
                        thank you so much for your help.

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by friz:
                          thank you so much for your help. </div></BLOCKQUOTE>

                          You're most welcome.

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by friz:
                            im out of status here in the US and got married with green card holder for about a year..what should we apply so i can be on status.. </div></BLOCKQUOTE>even if your wife (as LPR) petitions for you now, you can't get any benefits ( status, EAD...) before she becomes USC or the petition ( priority date) becomes current (an immigrant visa number is available to you). In any case, for a person in similar situation (out of status, overstay) to be able to adjust status, spouse has to be USC.

                            However

                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by friz:
                            i came here as a k2 visa and after filling for adjustment of status..to make this story short, they denied the applcation.and the officer said that i am not eligible. </div></BLOCKQUOTE>
                            K1 and K2 are tricky visas and the law says that a person who entered as K1/K2 may ONLY adjust status based on original petitioner. Meaning - most likely, you as K2, can't adjust status in the USA on any other grounds.

                            I don't know when you were denied AOS and if it make any sense to fight that now... Your only option may be consular processing - getting an immigrant visa in your home country.

                            Now, there is a confusion about when K2 ages out. Does K2 have to be under 21 at the time he/she receives visa, enteres the USA, files for adjustment of status or at the time of the interview. Most cases go by: person has to be under 21 at the time of the interview to be eligible. One court rulling said: under 21 at time of entry... When in the process you turned 21? Did you fight your case?

                            Have you ever left and re-entered the USA since your initial entry as K2?

                            Only a good lawyer can help figuring out if there is a way for you to adjust status in USA without first leaving.

                            Comment


                            • #15
                              Originally posted by:aneri
                              When in the process you turned 21? Did you fight your case?
                              -----------------------------------------------------------
                              no i was below 21.and we did not fight the case because my mom dont know anything about that.
                              /////////////////////////////////////////////////////////////
                              Originally posted by:aneri
                              have you ever left and re-entered the USA since your initial entry as K2?
                              ------------------------------------------------------------
                              no..

                              Comment



                              Working...
                              X