need some guidance...

D

dekagunda

Registered Users (C)
I have a situation that I need help with...

I'm a British Citizen but hold a Green Card. I just received my IL for citizenship yesterday and my ID is next week. I've been living in the states since 2002 and currently own a business.

Ok my dilemma is, that my wife, who is also a British citizen but not a Green Card holder, legally entered the country with me in 2002 and overstayed her 6 month stamp. She hasn't left the country since.

My question is. Is there any way she can leave the country at the end of the year for our son's wedding in India? Is so, How? Another question is what is the proper way for me to file for her after i become a US Citizen.

Hopefully, you guys understand my questions and can help me out.

Thanks.
 
forgot to mention that we've been married since 1990 in London, England

dekagunda said:
I have a situation that I need help with...

I'm a British Citizen but hold a Green Card. I just received my IL for citizenship yesterday and my ID is next week. I've been living in the states since 2002 and currently own a business.

Ok my dilemma is, that my wife, who is also a British citizen but not a Green Card holder, legally entered the country with me in 2002 and overstayed her 6 month stamp. She hasn't left the country since.

My question is. Is there any way she can leave the country at the end of the year for our son's wedding in India? Is so, How? Another question is what is the proper way for me to file for her after i become a US Citizen.

Hopefully, you guys understand my questions and can help me out.

Thanks.
Click to expand...
 
She can leave without a problem. However she cannot return and will also be subject to a 10 year ban. Once you become a citizen, she can apply for AOS and get her own greencard. She should not leave the US until she gets it.

dekagunda said:
My question is. Is there any way she can leave the country at the end of the year for our son's wedding in India? Is so, How?
Click to expand...
 
Hi Triple,

Thanks for your reply. So the only form I need to submit for her after my citizenship is the I-485? I don't need to file I-130 or any other forms? Do you know average turnaround time for the entire process. I'll be filing at the VSC.

Triple Citizen said:
She can leave without a problem. However she cannot return and will also be subject to a 10 year ban. Once you become a citizen, she can apply for AOS and get her own greencard. She should not leave the US until she gets it.
Click to expand...
 
You need the complete set of forms. I-485, I-130, I-765 (if she intends to work) and the G-325s. Search the forum for the complete list. It should take about a year.

dekagunda said:
Hi Triple,

Thanks for your reply. So the only form I need to submit for her after my citizenship is the I-485? I don't need to file I-130 or any other forms? Do you know average turnaround time for the entire process. I'll be filing at the VSC.
Click to expand...
 
dekagunda, if you file for her now the chances are good that she'll have the GC in about a half year, however some people get stuck in a name check for an undetermined length of time. There's been recent guidance that GC applications will be adjudicated despite a pending name check so this may not hold up your case anymore. In any case, be prepared for the small chance that the GC process may not be completed by the end of the year, but this is your best (or pretty much only) option for her being able to leave and return.
 
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