Out of Status filing for Greencard through US citizen spouse

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Hi All,

My spouse has been out of status for nearly 1 year and soon I will become US citizen. Will she be allowed to apply for Greencard through me. what kind of issues can we face ? Her previous status was H4. Has anyone been in similar situation ?

Thank you.

airman

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unlawful presence is forgiven for USC spouse, you should file her I-130 along with I-485, I-765 & I-131 as soon as you naturalize. Start gathering required documents now such as marriage certificate, spouse birth certificate, relationship evidences etc.

samrock

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Thanks Airman, is that form I-601 A ? looks like for this waiver, applicant need to go out of the country after approval for consular interview.Also, is there bar of 3 year and 10 year depending on 3month to 6 month to more than 1 year of out of status if applicant leaves the country. but if she doesn't leave the country, then it doesn't look like it matters. but you gotta go to home country for interview. I am confused.

Last edited: 18-Aug-18 03:29 PM

Joseph Sharma

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hi, if she is out of status for six month or more and if the spouse is a citizen by naturalization, she must exit the country for change of status and appear the interview, since ur not a native citizen ( naturalization) in that case your spouse may be banned at least 3 years to enter the usa...its pretty hard once ur out of status for mor than 6 month.. im telling u koz my relative had similar experience.. out of status for 8 months later married with a citizen through DV.. been banned 3.9 years to enter usa...

samrock

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well, after checking with lawyer, if out of status spouse had a lawful entry then there is no need to go back to country for adjustment of status... which can be done by 1-601 A... she can adjust with only I-130 and I-485 no matter how long she is out of status and as long as she doesn't leave the country.

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