if my spouse is out of status less than 6 months, can we file now?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
if my spouse is out of status less than 6 months, can we file now?
My wife has been out of status for less than 6 months, and we only just got enough money to pay the fees for the I130 and I485 forms. Can we file now or does she need to leave the country? Do we need some sort of waiver?
Asked on December 18, 2012 under Immigration Law, Maryland
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
As long as your wife entered the US lawfully, even if she overstayed (does not matter if it is by 1 day or 1 year or 30 years), you can file for her adjustment of status (I-130 and I-485 concurrently) without any waivers or additional penalties and she will be eligible to adjust status, assuming there are no other issues that would make her inadmissible. However, she will not be able to travel internationally until she gets the green card, because the overstay can bar her from reentry if she departs the US before becoming a US permanent resident.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.