Filing for spouse who is in US

[Harshveer]

Hi, My brother is US citizen but he is engaged with out of status girl. Well she came here on Student Visa and unfortunatley for some "over stay reason" got out of status here in US. How long will it take for her greencard if my brother applies her now? everybody wants the wedding in India so they want to wait until she gets her status? How long are we looking at?

Thanks,
Harshveer

 

[kagemusha]

Hi, My brother is US citizen but he is engaged with out of status girl. Well she came here on Student Visa and unfortunatley for some "over stay reason" got out of status here in US. How long will it take for her greencard if my brother applies her now? everybody wants the wedding in India so they want to wait until she gets her status? How long are we looking at?

If your brother's fiance is in the US I don't think there is any way he can legalize her status until they get married. Before that if she leaves the US she may end up being banned from re-entering the US (depending on how long she has been out of status). So it seems that they would have to get married in the US first and then he can file I-130 and I-485 simultaneously for her. It could take from 6 months to a year for that to be approved and for her to get a conditional green card. I don't see how they could have their wedding in India unless they want to do it a year or so after they have been officially married

-KM

 

[Harshveer]

yes if he marries her here ... applies for her - it would take 6 months for her to get status even though she is here? and then they can go to india??