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Out Of Status Applying For A Green Card Through Marriage With Permanent Resident

Discussion in 'How to start the green card process' started by tomasz, Feb 1, 2017.

  1. tomasz

    tomasz New Member

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    It is my first post, so hello everyone!

    I need to clarify some misinformation before we submit a I-130 Petition for Alien Relative. I originally had a J-1 exchange visitor visa, after that B-2 tourist extension and in the end was denied a change to F-1. I have been out of status for 4.5 years already (wow! time flies). In the meantime I started living with my fiance who won lottery and got a Green Card in Nov 2013.

    Since immigration is a hot topic now, we decided to get married, submit a I-130 and wait until my priority date is current or she becomes a citizen. We did not do it before, because I do not want to cause any issues during her naturalization. Also, according to instructions to I-485, I am not eligible to Adjust my Status because my authorized stay expired and she is not a citizen.

    Questions here:
    a) can marriage with out of status alien cause trouble during naturalization?
    b) will I have to leave the country if my priority date becomes current before she becomes a citizen? I will be subject to 10 year ban.

    Please advise.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Marriage will have no adverse effect on her naturalization. Wait until she is naturalized and then file for adjustment of status. As the immediate relative of a U.S. citizen, your overstay will be forgiven.
     
  3. tomasz

    tomasz New Member

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    thank you Ron!

    We will file I-130 now and submit I-485 once she becomes a citizen.
     

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