my friend is a green card holder and married his wife now who had overstayed her visa, they want to change her status and he wants to file for his citizenship. what is the best route to take in getting his wife legalized in the u.s and is there any consequence for my friend who married a out of status person?|||It would be best for him to apply for citizenship first and then file for her to adjust status once he naturalizes.
If he files for her as a green card holder, 1.) They would have to wait several months for the I-130 priority date to become current 2.) Once it is current she will still not be eligible to adjust status as overstaying is not forgiven in relatives of permanent residents.
Once he is a citizen, 1.) There is no wait time for a visa number so they could immediately file for adjustment of status without waiting several months 2.) Her overstay will be forgiven since she is an immediate relative of a US citizen, as stated in the Immigration and Nationality Act.|||You friend can not do anything to legalize her status because his wife is out of status. She is going to remain illegal. Only remedy at this point is for her to take volunteer departure to her country of origin, and her husband then apply for her immigrant visa. She will enter as a permanent resident.
Husband can not apply for her citizenship.
If she chooses not to take volunteer departure, and then gets caught and deported, there is a 5-10 year ban on re-entry. Also, having kids, married to green card holder, or US citizen can not stop deportation.
Best of luck.|||it really depends more on just how soon they really believe he'll get citizenship. she can't adjust status in the US if he's a greencard holder. But, she can apply to adjust status if he's a US citizen, since she arrived on a visa, assuming it wasn't a C1/D or a K-1 as those are exceptions. check out www.uscis.gov and read through the instruction sheet for the I-485 adjustment of status form. But, if you take a look at the Visa Bulletin http://travel.state.gov/visa/bulletin/bu鈥?/a> As of December the priority date for F2a petitions will be 1 August 2010. So, it may actually be faster for her to go home while he files a petition for her now. Of course, if she's been out of status for over 6 months, she'll be ineligible for three years and would need to apply for a waiver, which would slow her down. as for your friend, there's no legal consequence to him for marrying someone out of status. it just makes life more complicated while he's trying to find a way to get her legal status with him.|||They should marry first
Send the wife back home and then file a I-130 for her
or go see an Aila Immigration lawyer and do what he says
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