Filing I 130 for my overstayer wife?
Find answers to your legal question.
Filing I 130 for my overstayer wife?
|
i ve been married since sept 2005 in france.before we married i participated in dec 2004 and was selected in the DV lottery 2006 and came here in 2007 and since my entry at the airport i became permanent reisdent. I did not do the interview with my wife in france because at that time she did not want to come in the US...since i entered the country she came to visit 2 times, she s french citizen , but at his last trip at the airport they ask her why i did not file for her and give her only 3 weeks of stay until sept 30 2008...
She has then since sept 30 2008 overstay her visa, is she illegal then?
i want to file an I 130 form but as she overstay i doubt immigration would forgive her, i m confuse...
does she have any chance.
|
 
|
Fred S
 |
You can file the I-130. Its approval is based on relationship, not on immigration records. However, she will have to leave the U.S. to apply for the immigrant visa as you are not a U.S. citizen. She cannot adjust status in the U.S.
Therefore, she has already accrued more than 180 days of unlawful presence which makes her inadmissible for three years from the date of departure, and it automatically voids her visitors visa.
If she wants to avoid a 10-year bar for being an overstay, she needs to leave the U.S. soon, as in right away. You can still file the I-130. For question #22, just indicate in which city and country she wants to apply for the visa.
The sooner you file and the sooner she leaves, the faster she will be back. |
|
Greg N
|
She is "out of status," and therefore an illegal alien. Unless you are eligible for naturalization perhaps through military service, you cannot sponsor her because you have not been a permanent resident for five years. It may be a situation where you need to wait things out. I would consult an attorney to see if there are any other options. A consultation is not terribly expensive, and the detailed, accurate information you will get is valuable. I would make sure the consulation is with an attorney that specializes in immigration law. |
|
|
|
|
|
 Applied L1 to F1 visa , F1 is in process and now my company wants to keep me on L1 again? what is process? |
| I was working on L1 blanket visa with a company, in feb 2009 they told me they are going out of business so I should move on F1 visa as I was already doing masters from USA. I applied for F1 visa in ... |
|
 VISITOR VISA FOR THE FIRST TIME APPLICATION? |
| DOES ANYONE KNOW SOMEONE WHO IS FINANCIALLY WELL OFF WHO HAS MET THERE GIRLFRIEND ON THE INTERNET WHO LIVES IN AN ASIAN COUNTRY ,AND HAS BEEN SUCCESSFUL IN BRINGING HER TO THE UK ON A VISIT VISA FIRST... |
|
 Refugee Travel document? |
| I have a Refugee travel document 1951 from Sudan but i m from Eretria. i live now in the Nethelands, and i have residence permit, if i want to change my travel document where can i get more ... |
|
 Is UK Residence card valid in Gibraltar for work? |
Hi!
I'm holding a Russian passport with a UK Residence Card of a family member of an EU national which allows me to live and work in the UK. Does anyone know if this Residence Card is ... |
|
 What can i do o what do i need to do? |
| yes i want to get married but he doesn't have any papers. he is n mexico rite know cuz i had 2 come back from my vacation what can i do to start tha process of getting his paperz..... plZ no S... |
|
 What country do people mostly immigrate to? |
I am doing a essay on Immigration and I would like to know where they mostly immigrate to. Which parts are the most common places where immigrants go to ?
Please be specific about your A... |
|
 Immigrating to US from Canada, would my diploma be accepted? |
I'm nineteen years old. Since I may be moving to the US and marrying my Fiance (I currently live in Ontario, Canada), I am wondering where I should go from here.
I was going to go to ... |
|
 Is this morally right to have a better life that illegal aliens paid $300 a day to steal baby formula? |
| In March, federal and regional authorities shut down a central Florida shoplifting ring, arresting 21 suspects - all illegal immigrants - who were paid up to $300 a day to steal baby formula. The ... |
|
 If AMNESTY is for those that are here and in good standing? |
| ......and Anti-illegal activist tell us that illegals commit all this crime in the U.S and that they are all gang members. Somebody even went as far as saying that they kill 25 people per day, then ... |
|
 Why do people think all every "illegal" Mexican wants in a greencard? |
| All I hear is if a Mexican guy is with an American girl, not is because he wants his greencard. Well, guess what, so not true for 1 245i closed a longggggg time ago, no one can get their greencard by ... |
|
 Is it necessary to file name change in passport after marriage.. ? |
| I am getting married in 3 months to someone working abroad.. His company will be providing Visa and Tickets... if i dont change my name in my passport, will it be a problem in getting Visa/Tickets ... |
|
 Illegals who birth children in america? |
| What does that make the parents of the child who is born in an american hospital?... |
|
 With many against border security Sinaloa drug cartel may resort to deadly force in U.S.still feeling secure? |
| SELLS, Ariz. - The reputed head of Mexico's Sinaloa drug cartel is threatening a more aggressive stance against U.S. law enforcement, instructing associates to use deadly force, if needed, to ... |
|
 What forms would be required? |
A citizen son in Washington plans to sponsor his visiting parents (who will stay in NY).
- Is presented situation possible where a person can sponsor someone by sitting in another State?<... |
|
 How to Check the file at the courthouse where the case was processed.he is in custody in etowah county alabama? |
how to find out the charge sheet of a criminal? i mean court proceedings
i want to know some thing like this link..
http://www.sheriffleefl.
... |
|
 I have a question about my family and getting help from the government.? |
My husband has a 10 year permanent resident card. He just got it about a month ago. He used to have the 2 year permanent resident card.
I am his wife a US citizen and we have 2 children ... |
|
 What do you think of immigration and illegal immigrants? |
| I'm doing a project for Spanish class and I need to know the publican's opinion on immigration. This does not only refer to Mexico, but other countries as well.... |
|
|
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
