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Adjustment of Status: Out of Status Spouse

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  • Adjustment of Status: Out of Status Spouse

    Hello,

    I wanted to investigate options for AOS for my wife to whom I have been married since 2011.

    I am not yet a USC (I still have about 3 years before I can apply). My wife originally entered the US legally (on a student visa) but overstayed. We are currently still together, living in the US.

    The main option is for us to wait until I become a US Citizen and then apply for her as an immediate relative.

    But I am also wondering if I can apply for her now, so that she is in the waiting line until our priority date becomes current in about 1.5 years.

    Would this be possible? Advisable ? What are the drawbacks?

    Thanks very much and looking forward to your suggestions.

    /PS

  • #2
    You can submit an I-130 for your wife now, and her Priority Date will become current i about two years. But if she leaves the U.S. before then, she risks having her visa overtay penalty enforced to bar reentry to the U.S. for a designated period of time.

    --Ray B

    Originally posted by PundaSmith View Post
    Hello,

    I wanted to investigate options for AOS for my wife to whom I have been married since 2011.

    I am not yet a USC (I still have about 3 years before I can apply). My wife originally entered the US legally (on a student visa) but overstayed. We are currently still together, living in the US.

    The main option is for us to wait until I become a US Citizen and then apply for her as an immediate relative.

    But I am also wondering if I can apply for her now, so that she is in the waiting line until our priority date becomes current in about 1.5 years.

    Would this be possible? Advisable ? What are the drawbacks?

    Thanks very much and looking forward to your suggestions.

    /PS

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