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Do I need to file new I-130?

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  • Do I need to file new I-130?

    I came to the US in Oct of 1998 with a tourist visa which is still good, but my permit to stay here expired six months later in May of 1998. A year ago, I applied for a legal residency through my sister who is a Citizen. I filed an I-130 and was approved. Now that I am about to get married to a US citizen my questions are:

    1. Knowing my husband becomes my new sponsor, because of my previous filing will this speed up the process? Or I have to start all over?

    2. After I marry, I possibly have to file a new I-130, how long does it take for me to receive a working and a traveling permit and what is the cost?

    3. Because my permit of staying in the US expired back in May 1999, what will be the penalty for this?
    And will I have to pay a fee?

  • #2
    I came to the US in Oct of 1998 with a tourist visa which is still good, but my permit to stay here expired six months later in May of 1998. A year ago, I applied for a legal residency through my sister who is a Citizen. I filed an I-130 and was approved. Now that I am about to get married to a US citizen my questions are:

    1. Knowing my husband becomes my new sponsor, because of my previous filing will this speed up the process? Or I have to start all over?

    2. After I marry, I possibly have to file a new I-130, how long does it take for me to receive a working and a traveling permit and what is the cost?

    3. Because my permit of staying in the US expired back in May 1999, what will be the penalty for this?
    And will I have to pay a fee?

    Comment


    • #3
      As far as I know if you overstay over 180 days on what's is specified on your I-94 then you are now considered illegal. The penalty is deportation. If deported, you will face a bar of 10 years...it would be 3 years if your overstay is less than the 180 days. I'm not saying that you will be deported but I'm sure they will put you under deportation proceedings. I would suggest that you consult a lawyer about your situation as this can be very complicated. There is no room for any mistakes here therefore, consulting a lawyer is very valuable in the process.
      I hope that I answered your question and I wish you all the luck....God Speed!!

      Comment


      • #4
        As long as you came to the country legally, you won't have any problems. But don't think about leaving the country until you get the green card. You've overstayed your visa for over 2 years, so leaving the country now will trigger the 10-year bar, even if you have the Advance Parole.

        Comment

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