HI,

Iam on PR status is it possible for me to file a Green card of my husband who is also in US but is out of status.

I am also eligible for citizenship and will be filling for that very soon

Please advice us

Dear Maria:

To better answer your question, we need to know how your husband entered the US, and when were you married to him? As soon as we have these answers we will provide you more information. Good luck.

He enter US on B2 visa but he was out of status when he married me

Dear Maria:

Yes, you can file for his permanent residence. If you acquire US citizenship, he will be immediately eligible for permanent residence, and he will NOT have to pay the $1,000.00 penalty fee. Good luck.

SIr,

But i not a US citizen right now and i will be filling for the same soon but as i live in NY it could take 12-18 months for me to be a citizen.

Does that means i not elligible to file PR for my husband unless iam citizen or theres any other way

Thanks for answering my ques. We appriciate this website





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Dear Maria:

You can file an I-130 petition on behalf of your husband at this time. However, he will not be able to file his application for adjustment until you become a US citizen.

If there are no problems with your husband's case, we would go ahead and file the I-130 now. However, if he has had previous criminal problems or problems with INS, you should speak with an immigration law attorney before filing anything. Good luck.

Hi There
I have been reading along these raws here and I was trying to find the answer to me case. I am PR and I have already filed a I-130 petition for my wife. If my wife enters the US in an illegal way(without a visa) what happens then. Can I file for an adjustment of status or can you give me some advice which is the best way to follow after that.

Dear Michael:

You do not state when you filed the I-130 for your wife. If it was more than 3 years ago, she would be eligible for a V visa. If it was less than 3 years ago, but before 4/30/01, she could file for adjustment in the US, IF she can prove that she was in the US on or before 12/20/00.

If she was not in the US on that date, she would not be eligible to adjust her status in the US.

You should also keep in mind that if she attempts to enter the US without a visa, and is apprehended at the border, she could be summarily removed and would be inadmissible for a period of 5 years unless she obtains a waiver. Good luck.

Hello,
I just recently found out that my husband was out of status when he married me. We filled out all the paperwork to file for his greencard, but the lawyer never filed it because he did not receive payment yet. I found out that my husband used me to get a greencard and he lied to me about his visa status since day one. I went to his lawyer and told him NOT to file. My husband is working and has been working for the past 3 years now while in the US with a b2 visa. I believe that this is illegal since he is getting paid under the table too. My question is... if I go to INS district office and report him as out of status (he has no other sponsor), will they deport him right away? My lawyer said that even if I report him, INS would most likely do nothing about it unless I exaggerate and say that he's been threatening me. I do not want to do that though. What should I do?

I came to the US with an F1 visa but my visa and 1-20 expired in 1999 and last year respectively. I got married in 2001 and my wife became a U.S. citizen last month. My wife and I now want to file for my adjustment of status. My concern is that there is a question(s) in the BCIS form asking for place of employment and dates of employment. Since I've been working without work authorization, it is okay to state that I am working and where I am working. Could my employer be notified. Thanks.