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  #1  
Old 13th August 2009, 06:35 PM
Danero Danero is offline
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Out of status married to a gc holder

Hello,

I have been out of status (f1 visa) and i am getting married to a GC holder what are the chances that the AOS or I-485 would be rejected.

Any suggestion or better way to go about it.
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  #2  
Old 25th August 2009, 11:47 AM
elcupacabras elcupacabras is offline
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A greencard holder cannot sponsor a spouse, therefore there will be no grounds for you to file AOS.
Once your spouse is a citizen THEN they can file for you. How long until your spouse is eligible for citizenship?
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  #3  
Old 25th August 2009, 02:19 PM
voldemarv voldemarv is offline
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Quote:
Originally Posted by elcupacabras View Post
A greencard holder cannot sponsor a spouse,
That's not true, green card holder can sponsor spouse, but waiting period is around 5 years.
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EB3 (ROW) NSC PD 04/09/2003
140/485 RD 06/08/04;
140 AD 06/18/04;
485 AD 07/17/2007
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  #4  
Old 25th August 2009, 03:09 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by voldemarv View Post
That's not true, green card holder can sponsor spouse, but waiting period is around 5 years.
And one cannot adjust if out of status.
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PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #5  
Old 31st August 2009, 11:36 AM
elcupacabras elcupacabras is offline
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Quote:
Originally Posted by voldemarv View Post
That's not true, green card holder can sponsor spouse, but waiting period is around 5 years.
I thought overstays were only forgiven if the beneficiary was the spouse of a US 'citizen', not GC holders?
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  #6  
Old 31st August 2009, 12:53 PM
voldemarv voldemarv is offline
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Quote:
Originally Posted by elcupacabras View Post
I thought overstays were only forgiven if the beneficiary was the spouse of a US 'citizen', not GC holders?
Did I say other? I say that GC holder can sponsor his/her spouse for Green card. Your exact quote is:
"A greencard holder cannot sponsor a spouse, therefore there will be no grounds for you to file AOS."

I've never discussed out of status issue.
__________________
EB3 (ROW) NSC PD 04/09/2003
140/485 RD 06/08/04;
140 AD 06/18/04;
485 AD 07/17/2007
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