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#1
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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
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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
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That's not true, green card holder can sponsor spouse, but waiting period is around 5 years.
__________________
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
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And one cannot adjust if out of status.
__________________
------------------------------------ IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly. 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
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I thought overstays were only forgiven if the beneficiary was the spouse of a US 'citizen', not GC holders?
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#6
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Quote:
"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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