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  • Question about Wording ...

    I am looking at the Marriage based Green card page and the wording has me confused in the following section (Quote taken directly from this page - https://www.immihelp.com/family-base...ons-in-us.html )

    Under the "Marriage to U.S. Citizen" section.

    "Get married and immediately apply for a green card."

    Its the "immediatley" part that I'm unsure of. My husband fits into this area, Entered US legally, over stayed and is now "out of status" and we want to change his status of course. Money has always been pretty tight though so although we we married in 2002 we're only now getting around to looking into change of status. I am a legal US Citizan (Born and raised) he is English by birth, we've obviously been married going on 8 years now and lived together that whole time.

    The wording says "immediatley" how critical is that? Is there a different route we have to take because the application is so long after the marriage? Just wondering how this affects our situation (if at all)

    If anyone has any insight they can share with us it would be appreciated

    G.

  • #2
    I don't think it is critical in the sense that it is a deal breaker. However, as your husband has an overstay, you will need to file additional forms and pay a fee. You probably know this already.

    There will be questions as to why you did not file 8 years ago. You'll simply have to address those questions.

    In the meantime, your husband should NOT LEAVE THE US UNDER ANY CIRCUMSTANCES until he has AP or the greencard in hand. If he leaves, he will be banned from reentry due to his overstay.

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