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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default Permanent Resident Married to Illegal

    Hello and thanks in advance any input is highly appreciated
    I am permanent legal resident, it will be 5 years in Feb 2010 (will apply in Dec 2009)
    My spouse: Illegal currently, legally arrived to US and overstayed
    we have a 2 year old child
    We applied for adjustment of status for her I-130 in august 2006, case still pending in Vermont center.
    that is my situation, my questions are as follows:
    1. Can she get a V-visa until I apply for her as a Us citizen? (it has been 3 -years)
    2. Is there anything else similar in the law that will give her ability to work and meanwhile and
    3. If I-130 is processed before I become a citizen, will the fact that she has been illegal all this time have a negative effect
    and Finally
    4.If nothing happens and we have to wait until I become citizen is it better to "upgrade" the application or file a new one? and will then her illegal status adversely effect the outcome


    Thank you very much, I very much appreciate your help.
    Balki

  2. #2

    Default Re: Permanent Resident Married to Illegal

    You have to wait until you become a USC 1st before your can petiton for your wife's AOS but for the mean time you can't do nothin yet.

    Once you become a USC upgrade your I130 and then file for I485 for your wife and I765 so she can work legally while her case is pending coz normally I765 gets approved within 90days.

    her illegal status won't affect her AOS.

    Good luck!

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