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  • Greencard process

    Hi, hoping I can get an answer as to what I should do?
    I over stayed my VWP by a couple of weeks and moved with my partner back to my home country (Australia). The reason for my over stay is I was pregnant and very I'll for the first 3 months, I waited to fly back when I was feeling better.
    I married my husband in April, 2015 in Australia.
    I am wanting to apply for my Greencard. We now have a son together with Australian citizenship.
    How do I sponsor myself and my son to return to the U.S on a permanent visa?
    Do I start with the i-130 and after that is approved, will they automatically direct me into the process of Greencard?
    I am also wanting to know if I can visit while my Greencard is being processed?

  • #2
    You cannot petition yourself for immigrant status (Green Card). If your husband is a U.S. citizen, he can petition you with form I-130.

    Your VWP overstay may deter you from returning to the U.S. until you have n immigrant visa.

    --Ray B

    Originally posted by kaylahills1 View Post
    Hi, hoping I can get an answer as to what I should do?
    I over stayed my VWP by a couple of weeks and moved with my partner back to my home country (Australia). The reason for my over stay is I was pregnant and very I'll for the first 3 months, I waited to fly back when I was feeling better.
    I married my husband in April, 2015 in Australia.
    I am wanting to apply for my Greencard. We now have a son together with Australian citizenship.
    How do I sponsor myself and my son to return to the U.S on a permanent visa?
    Do I start with the i-130 and after that is approved, will they automatically direct me into the process of Greencard?
    I am also wanting to know if I can visit while my Greencard is being processed?

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