GC spouse applied for I-130 for expired B1/B2 Visa

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einynap

New Member
A friend of mine is a GC holder and has one more year to go for citizenship. She got married to a person whose b1/b2 expired. Based on some one's recommendation, she applied for I-130 and got it approved recently.

Now they are scarred. The I-130 says that the beneficiary is not eligible for adjustment of status and the approved petition is forwarded to Department of state national visa center.

Does anyone know what needs to be done. Friend is eligible to apply for Citizen in 9 months.

Please help any suggestion is appreciated.
 
Naturalization time after filing may take more than a year. She can apply for spouse now but until she is a citizen the overstay will not be forgiven. If spouse leaves the country and has overstayed more than 6 months, he will have a 3/10 year ban from returning. He is subject to deportation by ICE even though I-130 has been filed.
 
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