Entered the U.S. with a student's visa, school didn't work out. Visa expired. Stayed with in the U.S. She is married to me and we both want to travel outside of the Country. Would she be able to apply for a green card?
2007-11-19 14:50:52 · 5 answers · asked by Anonymous in Politics & Government ➔ Immigration
Im a U.S. Citizen. She also has a child from a different father tho. But the child is an american citizen. Thanks for your help.
2007-11-19 15:07:23 · update #1
Her visa expired 7 years ago. So that makes her illegal.
2007-11-19 15:24:53 · update #2
Since she originally entered the US on a valid visa she will be allowed to adjust status.
You must file an I-130, I-485, I-785 and G-325 with the CIS. The cost to file will be about $1,300.
She'll get a work permit in about 60 to 90 days. It will take about a year to get the green card. If she has to leave the US before the green card arrives she needs to file an I-131.
The forms and instructions are here...
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
***********The moment you file the I-485 she has nothing to worry about. With a pending petition and request to adjust status she's not deportable. For God's sake, don't leave the country until you get the final approval from CIS. After that you can leave by filing the I-131.
%%%%%%%%%%% She's not "illegal." She's "Out Of Status."
2007-11-19 15:00:18 · answer #1 · answered by Yak Rider 7 · 0⤊ 1⤋
You don't mention if you are a US citizen or not, although it seems like you are. makes a difference, of course. but, if she entered on a visa, she would be able to adjust once you've filed the proper paperwork with USCIS like the immigrant visa petition, etc. If you're not a citizen, this route won't help you much for now. Check out uscis.gov for the procedures and forms. She will eventually get a green card out of it, but it will take some time to go through the entire process.
2007-11-19 15:03:53 · answer #2 · answered by George L 7 · 0⤊ 0⤋
Your wife is currently out-of-status in the U.S. She is in danger of being adjudicated as unlawfully present, if she comes to the attention of immigration authorities. Unlawful presence in the U.S. can result in a 3-year or a 10-year bar.
You need to submit Form I-130, which is a relative petition, to CIS. You are the petitioner, and she is the beneficiary.
As you plan to travel outside the U.S., you should indicate on the I-130 at which U.S. consulate or embassy you would like to report in order to pursue the immigrant visa which can be issued once the approved I-130 reaches that consulate or embassy.
If you are going to her home country, then pursue the immigrant visa process at the U.S. embassy in that country. Once the immigrant visa has been issued, she can use it to apply for admission into the U.S. as a new immigrant.
2007-11-19 15:07:59 · answer #3 · answered by Fred S 7 · 0⤊ 0⤋
An expired visa will just have to be renewed.
2007-11-19 15:00:12 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
yes! and she wont even have to leave to her home country while the process is going.
2007-11-19 14:59:15 · answer #5 · answered by Anonymous · 1⤊ 0⤋