Ask Experts Questions for FREE Help !
Ask
    xyx85's Avatar
    xyx85 Posts: 10, Reputation: 1
    New Member
    		  
    #1

    Oct 6, 2010, 06:42 PM
    Immigration advice needed urgently!
    I overstayed my waiver because I found out I was pregnant from my LPR/green card holder fiancé. Now we have a citizen baby together and want to get married. How can I legalize myself through him and/or the baby, without waiting for him to get the citizenship so that I can work and travel? Any advice would be much appreciated! ;)
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
    		  
    #2

    Oct 7, 2010, 06:19 AM

    visa waiver entry?
    xyx85's Avatar
    xyx85 Posts: 10, Reputation: 1
    New Member
    		  
    #3

    Oct 7, 2010, 11:53 AM
    Yes
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
    		  
    #4

    Oct 7, 2010, 02:18 PM

    There are limitations to what you can do.

    After you get married, your husband can file the I-130 as you are an FB-2A, as the spouse of an LPR. The current priority dates are back about 6 months (April 2010).

    This is the problem, you are a visa waiver overstay, and as an FB-2A, the only way you can adjust your status is if you are grandfathered for section 245(i), unlikely as it expired April 30, 2001. The only other option is for you to wait for your husband to get citizenship and then file the AOS under section 245(a), this forgives the overstay but its only for qualifying relatives of a USC, not an LPR.

    The other option is not very appealing. File the I-130, wait for the PD to be current (about 6 months as of the most recent DOS visa bulletin); and apply for the IV at your home consulate with a waiver for the overstay. With a USC husband and USC infant child, you really should qualify fairly easily.

    Regardless, you should file the I-130 as the USCIS laws only apply to those that file. Don't file the I-485 or leave for the IV CP without consulting an experienced immigration attorney. Please note that many attorneys are not experienced with consular processing and waivers. There are new procedures for the waiver and the review at the ARO.

    Consult with an experienced immigration attorney to confirm all of this. Congratulations on the baby, and good luck.
    xyx85's Avatar
    xyx85 Posts: 10, Reputation: 1
    New Member
    		  
    #5

    Oct 7, 2010, 06:47 PM
    Comment on NYcityboy's post
    Thank you, the info was very helpful! What benefits do I get if I file for I-130? If I got it right it would take 6 months for them to process. Would I be able to work legally and travel with that?
    xyx85's Avatar
    xyx85 Posts: 10, Reputation: 1
    New Member
    		  
    #6

    Oct 7, 2010, 06:49 PM
    Comment on NYcityboy's post
    Also, does it make any difference if we get married now and file when he is a citizen or is it better to get married when he is a citizen already? Thank you very much!
    xyx85's Avatar
    xyx85 Posts: 10, Reputation: 1
    New Member
    		  
    #7

    Oct 8, 2010, 08:36 AM
    Comment on NYcityboy's post
    Im not sure whr my reply disappeared :S with filing for I-130 will I be able to work and travel? Or what benefits would I get?
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
    		  
    #8

    Oct 12, 2010, 07:11 PM

    The I-130 is the relative petition filed by your LPR husband. The approval only proves up that your husband is an LPR and you are married. It does not confer any direct benefits to you, other than create your priority date, which is your place in line for an immigrant visa. It is required to be approved for you to move to the next step of filing for permanent residence.

    You would not be eligible to work or travel internationally with the approved I-130.
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
    		  
    #9

    Oct 12, 2010, 07:13 PM

    You can marry anytime and you can file the I-130 anytime. It is the adjustment of status (I-485) that can only be filed when the PD is current or he is a USC.

    Confirm this with an immigration attorney.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Urgently needed title&artist of song from 93-94 [ 10 Answers ]

Hi all, I've been "desperately" trying to find this song (I want to give it to my hubby for our anniversary) it's kind of mellow r&b song, sometimes around 1993 or 1994 (I guess) - I don't know the artist nor the title - but here are some of the lyrics I remember : I see the tears that he put...

J-1 visa holder, which FORM need to fill.needed urgently [ 13 Answers ]

Hello, I am a J-1 visa holder, trying to file my tax for 2008. I am trying to find out which form I need to fill , whether its 1040NR or 1040NR-EZ or 1040-EZ etc. It will be highly helpful if you could provide help of any sort. I am ready to provide any sort of informations> My details are:...

Stat Assignment help needed urgently [ 4 Answers ]

Although there is some controversy regarding the appropriatness of IQ scores as a measure of intellegence, IQ scores are commonly used for a variety of purposes. One commonly used IQ scaled has a mean of 100 and a standard deviation of 15 and scores approximatly normall distributed. One way to...

Training urgently needed [ 1 Answers ]

Hi. Our 6 years old cat has an ear infection and the veterinar wants us to keep him home for 2 weeks, wearing a special collar. He usually is in the garden and I never succeeded in training him to use a litter box. But now I am in BIG TROUBLE. What can I do to avoid disaster? Thanks thanks thanks

Dermo white needed urgently [ 3 Answers ]

I started using dermo white which lightened my skin nicely now the shop I normally get it from have stop selling it I've tried looking everywhere but I just can't find it now I've started using another cream 'so white' but its giving me spots. Any one please help me buy telling me where I can get...

View more questions Search