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Tourist Visa Overstayed Married to Permanent Resident

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  • 10-07-2009, 01:58 PM
    rocco48
    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!
  • 10-09-2009, 10:26 AM
    Mr. Knowitall
    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.
  • 10-09-2009, 02:12 PM
    rocco48
    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?
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