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    raj267raj's Avatar
    raj267raj Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Oct 28, 2010, 08:46 AM
    Hi Im married to us citizen can she apply for my papers I came in b1 b2 overstayed
    But her credit is not good but she has job now
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #2

    Oct 28, 2010, 01:56 PM

    If she is qualified, yes. Better consult experienced immigration attorney...
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
    		  
    #3

    Oct 28, 2010, 02:59 PM

    I agree with lawanwadee; she can file for you now, your overstay is forgiven under section 245(a), but she has to sign the I-864 affidavit of support, so she has to show income of 125% of the HHS poverty guideline. Credit should not be a problem, but consult with an experienced attorney to make sure she files the strongest possible case.

    Good luck.
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