Spouse Out of Status

G

GCCP2004

New Member
Urgent help required. My spouse was Out of Status for 6 months and then left the country and we are going for our CP. I would appreciate it if you could answer a couple of my questions;
1) Can both of us get our GC?
2) Will I get GC and she will get it too and would be able to enter after the 3 year ban?
3) Will my GC also be rejected on account of her overstay?
4) Has anyone had something similar happen?

Thanks
 
GCCP2004 said:
Urgent help required. My spouse was Out of Status for 6 months and then left the country and we are going for our CP. I would appreciate it if you could answer a couple of my questions;
1) Can both of us get our GC?
2) Will I get GC and she will get it too and would be able to enter after the 3 year ban?
3) Will my GC also be rejected on account of her overstay?
4) Has anyone had something similar happen?

Thanks
Click to expand...

You should consult a good immigration attorney to discuss your issue.

They say that, an out of status stay of 180 days attracts a 3 year ban, but
you need to hear the correct and full impact from an attorney.

Raju
 
Expiration of visa stamp does not matter in this case. However, if she overstayed I-94 more than 6 months, she will not get GC. That's a ground of rejection. I am not sure if she can do follow to join when the 3-year bar is over. Talk to a lawyer.
 
GCCP,
What is her visa type ? and was a new visa applied during that time ? and over and above what was your status at that time ?

If you are on H1 and she on H4 and you were having a valid visa and then if she received her new visa after that stay then chances of risk is little less. As suggested above check with your lawyer and also think about other scenarios.

thanks
 
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