Greencard holder petitioning spouse staying in the US

[batiatus]

Hi everyone. Im a greencard holder and would like to petition my spouse. She came here legally but is now out of status. Stayed longer than 6 months. Can i file for i-130 and i-485 or does she need to go back to her home country. Visa bulltein is currently september 2013

[rayb]

You can submit an I-130 for your spouse now. But you cannot submit an I-485 package until her Priority Date (from I-130) is reachable.

--Ray B

Hi everyone. Im a greencard holder and would like to petition my spouse. She came here legally but is now out of status. Stayed longer than 6 months. Can i file for i-130 and i-485 or does she need to go back to her home country. Visa bulltein is currently september 2013

[batiatus]

You can submit an I-130 for your spouse now. But you cannot submit an I-485 package until her Priority Date (from I-130) is reachable.

--Ray B

Hi Ray. Thank you for your reply. If i submit the I-130 now Im looking at about 5 months to get it approved. As for visa current wait time is at 4 months. When do I file the 485?

[rayb]

File the I-485, with fee and supporting documents, when the Priority Date of the I-130 is reachable. The Priority Date should be on the I-130 Receipt I-797 (Report of Action).

--Ray B

Hi Ray. Thank you for your reply. If i submit the I-130 now Im looking at about 5 months to get it approved. As for visa current wait time is at 4 months. When do I file the 485?

[batiatus]

File the I-485, with fee and supporting documents, when the Priority Date of the I-130 is reachable. The Priority Date should be on the I-130 Receipt I-797 (Report of Action).

--Ray B

Hi Ray Im a bit confuse. Some people said she cant apply for adjustment of status since Im just a greencard holder and she is out of status. I read that her overstay will only be forgiven if I'm a US citizen

Some guidance would help. I just filed the I-130 today. crossing my fingers

[rayb]

If your wife is a visa overstay already and leaves the U.S., she will probably be faced with an overstay bar from reentry, though a waiver might be advised and approved if she interviews at a consulate in her home country.

When the petition is approved, her overstay status might be an issue standing in the way of a successful Adjustment in the U.S. , I can't dispute or argue against that possibility (based on your Green Card instead of U.S. citizen status).

On the other hand, I've seen several visitor visa overstays adjust immediately with an I-130 submitted at the same time with no particular difficulty.WHEN MARRIED TO U.S. CITIZENS.

How far are you from being eligible for U.S. citizenship?

--Ray B

Hi Ray Im a bit confuse. Some people said she cant apply for adjustment of status since Im just a greencard holder and she is out of status. I read that her overstay will only be forgiven if I'm a US citizen

Some guidance would help. I just filed the I-130 today. crossing my fingers

[batiatus]

If your wife is a visa overstay already and leaves the U.S., she will probably be faced with an overstay bar from reentry, though a waiver might be advised and approved if she interviews at a consulate in her home country.

When the petition is approved, her overstay status might be an issue standing in the way of a successful Adjustment in the U.S. , I can't dispute or argue against that possibility (based on your Green Card instead of U.S. citizen status).

On the other hand, I've seen several visitor visa overstays adjust immediately with an I-130 submitted at the same time with no particular difficulty.WHEN MARRIED TO U.S. CITIZENS.

How far are you from being eligible for U.S. citizenship?

--Ray B

Ive been a greencard holder since 1995. I added her children on the petition but both are living in the philippines. One is 14 yrs old and the other is 16 yrs old. Will they be able to adjust status once petition is approved?