Procedure for sponsorship(marriage based)

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nam2001

Registered Users (C)
I am new to this forum. ANy help from anyone would be much appreciated.
What is the procedure for applying for GC thru by marriage to a USC? I read in one of the threads someone suggesting to not hire an attorney if case is "straight-forward". What would be a straight-forward case? What is spouse has overstayed? ALso after applying for the case can the overstayed spouse travel before getting the actual green card? Or is there any other way to travel before that? ALso how long doesn it usually take before you can travel?
 
LucyMO said:
http://uscis.gov/graphics/howdoi/LPRApplication.htm +I-130

if the spouse has overstayed by more than 180 days, she must not travel abroad UNTIL she/he gets the actual GC. How long it will take depends on where you live and file.
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Thanx for the response but I read in other threads that a USC's spouse's overstay does not make a difference. So are you saying that if spouse has overstayed more than 180 days he/she cannot even get advance parol? Please clarify.
Thanx
 
nam2001 said:
Thanx for the response but I read in other threads that a USC's spouse's overstay does not make a difference. So are you saying that if spouse has overstayed more than 180 days he/she cannot even get advance parole?
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If you are asking this question because your spouse has overstayed, then yes, you need an attorney.

Being illegally present for >180 days triggers an automatic 3 year re-entry bar, and also makes one ineligible for adjustment of status unless they are eligible for 245i benefits, which reqiures a filing date before May 1st, 2001.

US Citizen immediate relatives are exempt from the AOS ineligbility, but not the re-entry bars. The alien spouse should not leave the US until the GC is in hand - AP does not exempt one from the re-entry bars, and should not even be applied for in this case.
 
Thanx for the information. What does AOS stand for? Are all family based cases going to NBC now? What is the timeline for NBC if anyone has an experience? Also if anyone knows if I want to apply to the Dallas pilot program, can I do it through an attorney as spouse has overstayed?
Thanx.
 
Last edited by a moderator:
What does AOS stand for? Adjustment of status.

If you live in Dallas, you can go through their pilot program. You don't really need a lawyer in a case of overstay, but if it gives you a peace of mind and you have extra money, get one.
 
After reading alot of messages in different threads I too thought that I might not need an attorney. But everyone says that if case is "straightforward" you dont need an attorney and so I asked if in my case I need an attorney as spouse has overstayed.
TheRealCanadian said:
If you are asking this question because your spouse has overstayed, then yes, you need an attorney.

.
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After this response I thought maybe I do need an attorney afterall. Though I can't really afford one. But if you need one you need one! I still have time before I can file the case as I am still awaiting oath.
SO LucyMO are you saying that even incase of overstayed apouse case can be filed w/o attorney? There might not be any problem?
Thankyou for the help.
 
http://uscis.gov/graphics/howdoi/lpreligibility.htm

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,


remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,


failed otherwise to maintain lawful status and with the proper immigration documentation, or


have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).



So, see - even BCIS says your spouse is eligible to adjust status even if she overstayed. I don't think you need a lawyer, but it's just my opinion.
 
LucyMO said:
http://uscis.gov/graphics/howdoi/lpreligibility.htm

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,


remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,


failed otherwise to maintain lawful status and with the proper immigration documentation, or


have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).



So, see - even BCIS says your spouse is eligible to adjust status even if she overstayed. I don't think you need a lawyer, but it's just my opinion.
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Thanx!
 
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