I-130 petition is current, but...

[rightnow]

the person is a overstay(B1/B2) since 2004, his wife is eligible for citizenship is March 09. Please help with these options:

- Give up the current I-130 application and re-apply, so when wife becomes US citizen, it's easier to apply for adjustment of status, since overstaying is forgiven for US citizens spouse and children.

- Wait because the waiting period until a visa number is available is long.

Any help will be greatly appreciated. Thank you.

[PraetorianXI]

Any family based petition on a category other than immediate relative, can not adjust their status due to their overstay.

So he has no choice but to wait for the wife's citizenship.

[rightnow]

Thanks for the prompt response, but what to do about the current I-130 process? There will be another steps and since he overstayed, probably it's going to be denied. Should he just let it go?

[rightnow]

Any answer?...

Thanks for the prompt response, but what to do about the current I-130 process? There will be another steps and since he overstayed, probably it's going to be denied. Should he just let it go?

Anyone?...