A buddy of mine overstayed visitors visa 4 years ago and has a clean record so far - filed taxes, no crime records & has a small business too. He now has a fiancee who just got here GC via assylum & they want to get married ASAP and have kids in about a year. Can she sponsor him so that he can work legally? And can having the kid make theri case strong?
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Can she sponsor?
- Thread starter 3dess
- Start date
Punjabi_Munda
Registered Users (C)
I don't think so..
3Dess,
I hate to disappoint your friend but the answer to your question is "no". She cannot sponsor an illegal alien. If her husband had a legal status, the wait would have been approx 5 years for the visa to become available. I also think that to have a kid to make their case strong is a very wrong reason to have a kid. Having a kid who is a US citizen wouldn't change anything for the father in this case anyway. Their kid can sponsor him after he is an adult (I think its either 18 or 21).
3Dess,
I hate to disappoint your friend but the answer to your question is "no". She cannot sponsor an illegal alien. If her husband had a legal status, the wait would have been approx 5 years for the visa to become available. I also think that to have a kid to make their case strong is a very wrong reason to have a kid. Having a kid who is a US citizen wouldn't change anything for the father in this case anyway. Their kid can sponsor him after he is an adult (I think its either 18 or 21).
3dess said:A buddy of mine overstayed visitors visa 4 years ago and has a clean record so far - filed taxes, no crime records & has a small business too. He now has a fiancee who just got here GC via assylum & they want to get married ASAP and have kids in about a year. Can she sponsor him so that he can work legally? And can having the kid make theri case strong?
What is his current status? If he is ok with status so far then yes, she can after the marriage, but it will take a very long time for him to get a GC although he will have authorization for work.
wantmygcnow
Volunteer Moderator
ayyubov said:What is his current status? If he is ok with status so far then yes, she can after the marriage, but it will take a very long time for him to get a GC although he will have authorization for work.
He will have NO Authorization for work or even allowed to stay in this country. Spouses of PR's if on a visitors visa have to leave the country and wait outside for a visa. They have no work authorization and no rights. However, they can claim them on their tax returns.
wantmygcnow said:He will have NO Authorization for work or even allowed to stay in this country. Spouses of PR's if on a visitors visa have to leave the country and wait outside for a visa. They have no work authorization and no rights. However, they can claim them on their tax returns.
Thanks for correction. You're right I mixed one thing with another.