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Should I apply a US citizenship first before filing I-130 after I marry my spouse who overstayed here on tourist visa?
Anonymous6 views5 answers
What is the best thing to do? I am a permanent resident for many years and I met my fiancee here in the US who overstayed as a tourist. Shall I apply my US citizenship ( now that I'm eligible) first before we file her I-130? can she not adjust her status (since she overstayed for almost a year) and work while waiting for the approval of her green card if I remain as a PERMANENT RESIDENT? If not, what are the steps after I become a USC, can we file her I-130 together with the Adjustment of Status and permit to work? thank you so much for your time
At this point, you can only file the I-130. She will be able to adjust status only after you become a citizen. You have the option of filing together the I-130 immigrant petition and applications for adjustment of status and employment authorization after you become a USC.
On a separate note, it is important to make sure that you meet all the eligibility requirements for citizenship. This application is another chance for USCIS to review your immigration history. Please consult with an immigration lawyer before filing your application for naturalization.
Yes, if you become a citizen you can file everything concurrently, otherwise you would have to just file I-130 now and then do adjustment/work permit when you become a citizen. I would recommend just doing the naturalization first and then handling the I-130/I-485/I-765 together.
I would suggest you become a US citizen first then start the process for her adjustment of status. Contact an immigration attorney to get this process started. You can find one on this site. Many of us offer free consultations via Skype or over the telephone for clients nationwide.
