QUESTION
If my wife is a United States resident, how can I sponsor her green card?
Asked on Jul 18th, 2011 on Immigration - California
More details to this question:
I am in progress of applying for US citizenship. My wife is currently residing in US with tourist visa and I am planning to sponsor her green card. Due to an unexpected postal service / mailing problem, by the time I get my citizenship she will have been overstay (exceeds her I-94 permit). In this case, how can I sponsor the green card for her?
10 ANSWERS
If you move quickly, this case will not be a problem. I would recommend that you consult with an immigration lawyer before filing. Best of luck.
Answered on Aug 01st, 2011 at 12:14 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Hi, She should still be able to process. However, this will depend on what visa type she overstayed. Some districts do not process Visa Waiver overstays (for example). If she was on a B2 and the I-94 has expired it will be ok, but you must be careful with her travel within the U.S. while before you file the Adjustment of Status.
Answered on Jul 29th, 2011 at 6:47 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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If you become a USC, it really does not have any effect if she is overstay. But talk to an immigratoin attorney. There might be other issues that should be discussed.
Answered on Jul 28th, 2011 at 2:56 PM
Corporate & Incorporation Attorney serving Coral Gables, FL
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Hans Burgos, P.A., Immigration Law Offices
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Assuming you become a US citizen, you will be able to file a Petition for Relative (Form I-130) on behalf of your spouse, and she will be able to file an Application for Adjustment of Status (Form I-485) even after her having overstayed in the United States. Immediate relatives of US citizens enjoy such a privilege.
Answered on Jul 28th, 2011 at 2:02 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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As a US permanent resident, you can start the process by filing the I-130, relative petition. This does not give her any protected status, but does give her a priority date. As soon as you naturalize, she can then file the I-485, application for adjustment of status and the accompanying forms, with a request on your cover letter to "upgrade: the petition as she is now an "immediate relative". Be sure to include a copy of your naturalization certificate with the upgrade.
Answered on Jul 28th, 2011 at 1:03 PM
Yes, you can still sponsor your wife once you became a U.S. Citizen.
Answered on Jul 28th, 2011 at 11:56 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Yes. no problem at all.
Answered on Jul 28th, 2011 at 11:43 AM
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After you become a citizen her overstay will be forgiven so long as she entered on a valid visa. You will have the burden to prove the validity of the marriage, which many couple often underestimate.
Answered on Jul 28th, 2011 at 8:46 AM
Hello. This is not a problem. You can still sponsor her for her green card once her I-94 expires. Immigration forgives people who overstay their visa if they are married to a United States Citizen.
Answered on Jul 28th, 2011 at 6:53 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If you are a USC you can file for your wife even if she overstays in the US. A B-2 overstay provides different rights than a VWP overstay. She can also leave the US on time and you can file for her via the consular processing option. There are risks with the first that are not present in the second. Please schedule an appointment with a competent immigration attorney to fully have your case analyzed, as there may be factors present which would make your spouse ineligible to file in the US.
Answered on Jul 27th, 2011 at 3:51 PM