If my wife is a United States resident, how can I sponsor her green card? 12 Answers as of August 01, 2011

I am in progress of applying for US citizenship. My wife is currently residing in US with tourist visa and I am planning to sponsor her green card. Due to an unexpected postal service / mailing problem, by the time I get my citizenship she will have been overstay (exceeds her I-94 permit). In this case, how can I sponsor the green card for her?

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Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
If you move quickly, this case will not be a problem. I would recommend that you consult with an immigration lawyer before filing. Best of luck.
Answer Applies to: Texas
Replied: 8/1/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Hi, She should still be able to process. However, this will depend on what visa type she overstayed. Some districts do not process Visa Waiver overstays (for example). If she was on a B2 and the I-94 has expired it will be ok, but you must be careful with her travel within the U.S. while before you file the Adjustment of Status.
Answer Applies to: California
Replied: 7/29/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If you become a USC, it really does not have any effect if she is overstay. But talk to an immigratoin attorney. There might be other issues that should be discussed.
Answer Applies to: Nevada
Replied: 7/28/2011
Hans Burgos, P.A., Immigration Law Offices
Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
Assuming you become a US citizen, you will be able to file a Petition for Relative (Form I-130) on behalf of your spouse, and she will be able to file an Application for Adjustment of Status (Form I-485) even after her having overstayed in the United States. Immediate relatives of US citizens enjoy such a privilege.
Answer Applies to: Florida
Replied: 7/28/2011
Fong & Associates
Fong & Associates | William D. Fong
As a US permanent resident, you can start the process by filing the I-130, relative petition. This does not give her any protected status, but does give her a priority date. As soon as you naturalize, she can then file the I-485, application for adjustment of status and the accompanying forms, with a request on your cover letter to "upgrade: the petition as she is now an "immediate relative". Be sure to include a copy of your naturalization certificate with the upgrade.
Answer Applies to: Texas
Replied: 7/28/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Yes, you can still sponsor your wife once you became a U.S. Citizen.
    Answer Applies to: California
    Replied: 7/28/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    Yes. no problem at all.
    Answer Applies to: California
    Replied: 7/28/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    After you become a citizen her overstay will be forgiven so long as she entered on a valid visa. You will have the burden to prove the validity of the marriage, which many couple often underestimate.
    Answer Applies to: New Jersey
    Replied: 7/28/2011
    The Law Office of Khoa D Bui
    The Law Office of Khoa D Bui | Khoa D Bui
    In general, assuming that all requirements are met, .as a US citizen you may petition for your wife and she may simultaneously apply to adjust her status even though she is overstaying
    Answer Applies to: California
    Replied: 7/28/2011
    Law Firm of Caroline Dreyfus PA
    Law Firm of Caroline Dreyfus PA | Caroline D J Dreyfus
    Hello. This is not a problem. You can still sponsor her for her green card once her I-94 expires. Immigration forgives people who overstay their visa if they are married to a United States Citizen.
    Answer Applies to: Florida
    Replied: 7/28/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    If you are a USC you can file for your wife even if she overstays in the US. A B-2 overstay provides different rights than a VWP overstay. She can also leave the US on time and you can file for her via the consular processing option. There are risks with the first that are not present in the second. Please schedule an appointment with a competent immigration attorney to fully have your case analyzed, as there may be factors present which would make your spouse ineligible to file in the US.
    Answer Applies to: California
    Replied: 7/27/2011
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