Tourist Visa Overstayed Married to Permanent Resident
Hi! I really hope someone can help me!!
I came to the U.S with a tourist visa, and I overstayed for 10 years now.I recently married a permanent resident and we are waiting for her to become a citizen...We dont know if we should apply for my I-130 or just wait until she becomes a citizen. If I do apply for the I-130 can they still deport me?
Please help!!
Thanks!
Re: Tourist Visa Overstayed Married to Permanent Resident
How close is she to becoming a citizen? As a general rule, it's easier to wait and file the I-130 and I-485 based upon a citizen spouse than for your spouse to file as a LPR and later to try to 'upgrade'.
Merely filing an I-130 doesn't give you lawful status.
Re: Tourist Visa Overstayed Married to Permanent Resident
Thanks for your response, She is due for citizenship in 3 years..So,it's better for me to wait until she becomes a citizen? Do I have a chance of deportation?