B2 visa overstay and its impact .....

[enjoylife]

My wife has a 10 year B 2 visa. I have to wait 2 years before I am eligible to apply for citizenship. Assuming it takes approximately 1 year to get my citizenship and then I sponsor her for her green card we are looking at 3.5 years at least before she can get her green card.

The question I have is that if she comes here on a 6 month entry with her B 2 visa and over stays until I apply for her green card she will be out of status for 2 years or more. Will she be subject to the 3 year/10 year bar on entry? Will it impact her getting green card once I become a citizen? If so what is the impact ? Can they refuse to give her a green card, even though there is a concept not to keep a family of US citizen apart.

Any response will be highly appreciated.

 

[gabby2001]

Enjoylife,

I understand how difficult this is for you. My girlfriend and I have delayed our marriage specifically because permanent residents can't legally bring their spouses over to the US in a timely manner.

However, there is something that you should think about. First of all, what you are proposing is illegal. Secondly, if your wife is subject to the 3/10 year ban, there is not much you can do to bring her back to the country should she leave the US. This also applies if she ever gets caught being out of status prior to your getting your naturalization approved.