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Marriage to Green Card need help plz
- Thread starter Aliona
- Start date
You don't have a status and you won't have one until your husband gets his citizenship and you can then apply for a green card (adjustment of status). Other than that - you are an illegal alien now.
What you can do is leave the States before you accumulated 180 days of the illegal presense (unless you have D/S in your I-94 - let us know if you do) and wait for your immigrant visa outside the U.S. It will take about 6-7 years if your husband chooses not to become a US citizen, or less if he becomes a US citizen (time till his citizenship + about a year to get it + about a year for you to get your immigrant visa).
Or you can stay here illegally (which is never a good idea) and wait for your husband's citizenship.
What you can do is leave the States before you accumulated 180 days of the illegal presense (unless you have D/S in your I-94 - let us know if you do) and wait for your immigrant visa outside the U.S. It will take about 6-7 years if your husband chooses not to become a US citizen, or less if he becomes a US citizen (time till his citizenship + about a year to get it + about a year for you to get your immigrant visa).
Or you can stay here illegally (which is never a good idea) and wait for your husband's citizenship.
Yes, I do have class D/S in my I-94 (what exactly does it means?). Form DS-2019 covers period till 11/09/2004, but on top of the form says that it expires 02/28/2005. Also my husband is about to apply for citizenship - should he include me in the application or not? Do you think we should contact a lawyer?
Thank You
Thank You
Jane Green
Registered Users (C)
“V” visa for a spouse of GC holder
Aliona, Have you ever heard about “V” visa? You might be eligible to get one and stay here legally waiting for your husband US citizenship.
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa, instead of having to wait outside the United States as the law previously required.
For more information click here: http://uscis.gov/graphics/howdoi/hdinonimm.htm
Another suggestion: talk to the lawyer.
Aliona, Have you ever heard about “V” visa? You might be eligible to get one and stay here legally waiting for your husband US citizenship.
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa, instead of having to wait outside the United States as the law previously required.
For more information click here: http://uscis.gov/graphics/howdoi/hdinonimm.htm
Another suggestion: talk to the lawyer.
Jane, have you actually read info about V visa? I-130 must have been filed prior to December 2000 for the applicant to be eligible. Since Aliona has only been married for a couple of weeks, V visa is not an option for her.
Aliona, you have been out of status since December 9, 2004.
D/S stands for duration of status. It's a good thing that you have it. It means that you will not start accruing illegal presense even if you fall out of status UNTIL an immigration officer makes an official determination that you are out of status.
you have two options:
One is to stay in the country illegally until your husband gets his citizenship and then apply for adjustment of status and stay in the country without leaving it UNTIL you get your GC. You will have to be very very quiet and you won't be able to work legally all this time (until you apply for AOS and get a work permit). Your overstay will be forgiven in the case of a marriage to a U.S. citizen. It will take about a year for your husband to get his citizenship from the moment he applies for it. then about 3 months for you to get a work permit.
Of course, there is always a risk that you will be caught and deported before your husband becomes a citizen and before you apply for AOS.
Second option is to leave the States now, before you accrued a lot of "out of status" time and illegal presence time (180 days). Your husband can file I-130 for you right away. Then you will have to wait until your husband gets a citizenship and transfer it into a better category (faster, that is) - spouse of a US citizen. Then when it's approved (less than a year), you will get an immigrant visa and get a GC as soon as you enter the States. Or, you can come on a spousal K3 visa and wait for your GC here (by doing adjustment of status or waiting for I-130 to be approved and doing consular processing). Of course, in this case you will not be able to visit your hubby in the States all the time I-130 is processing (a couple of years, since your hubby is not a citizen yet). He will be able to visit you, though.
He has to show you on his citizenship application anyway. It will not ruin his chances of getting a citizenship.
You seem to have a russian name. May I recommend two wonderful russian immigration forums www.privet.com and on http://www.kulichki.com/immigration/cgi-bin/wwwboard/index.html
Aliona, you have been out of status since December 9, 2004.
D/S stands for duration of status. It's a good thing that you have it. It means that you will not start accruing illegal presense even if you fall out of status UNTIL an immigration officer makes an official determination that you are out of status.
you have two options:
One is to stay in the country illegally until your husband gets his citizenship and then apply for adjustment of status and stay in the country without leaving it UNTIL you get your GC. You will have to be very very quiet and you won't be able to work legally all this time (until you apply for AOS and get a work permit). Your overstay will be forgiven in the case of a marriage to a U.S. citizen. It will take about a year for your husband to get his citizenship from the moment he applies for it. then about 3 months for you to get a work permit.
Of course, there is always a risk that you will be caught and deported before your husband becomes a citizen and before you apply for AOS.
Second option is to leave the States now, before you accrued a lot of "out of status" time and illegal presence time (180 days). Your husband can file I-130 for you right away. Then you will have to wait until your husband gets a citizenship and transfer it into a better category (faster, that is) - spouse of a US citizen. Then when it's approved (less than a year), you will get an immigrant visa and get a GC as soon as you enter the States. Or, you can come on a spousal K3 visa and wait for your GC here (by doing adjustment of status or waiting for I-130 to be approved and doing consular processing). Of course, in this case you will not be able to visit your hubby in the States all the time I-130 is processing (a couple of years, since your hubby is not a citizen yet). He will be able to visit you, though.
He has to show you on his citizenship application anyway. It will not ruin his chances of getting a citizenship.
You seem to have a russian name. May I recommend two wonderful russian immigration forums www.privet.com and on http://www.kulichki.com/immigration/cgi-bin/wwwboard/index.html