Please help - I overstayed my tourist visa and married a legal permanent resident (LPR). We filed an I-130, but I recently found out that only spouses of U.S. citizens can adjust status. My spouse will apply for naturalization at the end of this year. I know that I will not be able to file I-485 to adjust my status until my spouse is a U.S. citizen, but does that mean that USCIS will deny my I-130? I am desperate for some help. Will my I-130 be denied because my spouse isn't yet a U.S. citizen? Should we withdraw the I-130 and refile when he becomes a citizen? Thanks.
Please help: I-130 while overstaying tourist visa
- Thread starter nycimmi
- Start date
SusieQQQ
Well-Known Member
Note that in some cities it is taking a year or more between applying for naturalization and actually becoming a citizen. You are at risk of deportation at any time between now and when you can adjust status. Also note that the N400 application asks for details of the spouse, where they are residing, and what their immigration status is if in US. So your spouse will have to declare you as an overstay on his naturalization application. How long have you overstayed for at this stage? I’d highly suggest the safest route for you is to return home and wait it out, especially if your overstay is still less than 180 days which means you don’t incur a ban. In the meantime the I130 as spouse of lpr will still be running and if that is finalized before he naturalizes then that will still work for you to get an immigrant visa.
1AurCitizen
Registered Users (C)
Another B2 overstayer to AOSer
The n400 specifically asks for spouse details and their status. That puts a spotlight on a deportable spouse.
The n400 specifically asks for spouse details and their status. That puts a spotlight on a deportable spouse.