question

bijuria11

Registered Users (C)
hi guys. i just got my greencard, and i will be marrying my fiance soon, but she overstayed her visa. so is there any way to apply for a green card for her or do i need to wait until i become citizen? which way is better? or what should i do?. thanks guys.
 
you need to wait until you become a citizen, until then... there is nothing else you can do to provide her with any kind of legal status.
 
She will be exposed to possible deportation for the next 5 years until you become a citizen. Are you going to give up your green card and follow her outside the US if she is deported? If not, you should rethink whether you really want to get married while you are not a citizen.
 
ok, so i guess ive to wait till im citizen. can i file for her when i file for my citizenship? and how long do i have to wait until i can file for citizenship? i just got it 2 months ago. thanks for the help.
 
You need at least 5 years with a green card to become a citizen (other people like those in the military can get it faster, but I'm not going to get into those scenarios that don't apply to you). You can send in the application 90 days before the 5 year mark.

Before you become a citizen, you can't file anything that would give her legal status*. And if you marry her before becoming a citizen, you need to list her information on the citizenship form (which could bring her situation to their attention and prompt them to initiate deportation).


*technically, as a green card holder you could file I-130 now, but she still wouldn't gain any legal status until 5 or 6 years later when your priority date is current for the GC spouse category.
 
How come your file came out early?
PD for Family F4 category for India is 08JUN98 and your file PD is OCT1999 based on your name profile.
 
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