application I-130 need urgent help

[houda]

this case is about my freind ( i should not do that but....) she has an expired visa student, and now she is married to a lawfull permanent resident true marriage, can he applied for her to get a visa number, i mean I-130 even she is illegal or not?

Thanks a lot.

judy

[PraetorianXI]

the spouse can file i-130 for her, but that will not help her much... since she can not Adjust Status by being married to a permanent resident (and even if she could it could take 4-6 years).

She will have to wait until he becomes a citizen, so that her overstay will be forgiven, she will be allowed to file for AOS (i-485) and I-130 at the same time and have her green card within 1 year... but only when the spouse is a US citizen, so there isn't much point to filing with him as a resident.