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Wife Visa Overstay AoS
Hey everyone,
I am a permanent resident and my wife came to the country with a tourist visa and overstayed for more than a year.
We already have the i-130 filed and accepted and we received the letter indicating we should follow the next step.
We want to avoid her having to leave the country because of the 10 year bar of entry.
I won't be able to file for Citizenship until another 3 years.
My question is, even if she is currently out of status due to the overstay and I'm a permanent resident can we still apply for AoS or do we have to wait until I'm a US Citizen and apply for a waiver to do this?
I am a permanent resident and my wife came to the country with a tourist visa and overstayed for more than a year.
We already have the i-130 filed and accepted and we received the letter indicating we should follow the next step.
We want to avoid her having to leave the country because of the 10 year bar of entry.
I won't be able to file for Citizenship until another 3 years.
My question is, even if she is currently out of status due to the overstay and I'm a permanent resident can we still apply for AoS or do we have to wait until I'm a US Citizen and apply for a waiver to do this?
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