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Green Card Adjustment of Status Haitian National in USA Family, Other

Discussion in 'Family Immigration, Fiancee & Marriage Visa' started by Lover2008, Feb 12, 2015.

  1. Lover2008

    Lover2008 Law Topic Starter New Member

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    My former fiancee, now wife, came on G4 Visa to work for international organization in USA. We got married and had one child. Although her Visa says D/S, her contract with the institution was over last year when she went into labor. However, she can stay until end of year before applying for another Visa in her country or elsewhere.

    I am a Green Card holder and would like to apply for her Adjustment of Status. I heard about new immigration advantages for Haitian Nationals. 1) What are her chances of adjusting status to Green Card (from G4) while being here in the States?
    2) Is my citizenship application the only option to accelerate her Adjustment here?
    3) Is it possible to apply both for her Adjustment of Status for Green Card and my citizenship application?

    Your detailed answers would be much appreciated.
     
  2. army judge

    army judge Super Moderator

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    These are the people who can answer your questions:

    www.uscis.gov

    Otherwise, feel free to retain an immigration attorney.

    We're just a bunch of "Ann Landers" wannabes for the most part.
     
  3. fredrikklaw

    fredrikklaw Moderator

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    LOVER2008…

    Considering the information given in your post, the question is not whether she (your wife) stands any chance of becoming an L.P.R., but rather how long it will take for her to become an L.P.R. from application to completion. In other words, her L.P.R status is a certainty. The certainty of course, is based squarely on the fact that you are both holding now, and have held since first entering U.S. legal status, AND ALSO, that you both arrived and then entered U.S. proper after being inspected.

    And while she can still successfully adjust her status by being married to an L.P.R. (you), it will of course be much more expedient and the process “accelerated” if she hailed from the position of marriage to a U.S. Citizen.

    And finally, you will not only waste a lot of time and money, you would also confuse matters much by simultaneous submission of Adjustment of Status and Citizenship applications. So I highly suggest that you first become a U.S. Citizen and then immediately sponsor your wife’s AOS application.

    fredrikklaw
     
  4. disagreeable

    disagreeable Well-Known Member

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    Actually, she does not hold legal status. Her visa is a non immigrant status visa and she should have returned at the conclusion of her work. As OP is a green card holder, he cannot file for a 212 waiver. She meets none of the qualifications to adjust status. It is unlikely even if OP becomes a US citizen, multiple violations of immigration law that happened before he did so, will be waived for her. Her best chance, is to leave the country before they discover she should have been gone and her visa expires. Once she is home, OP can petition for a spousal visa. Before enacting any plan, I suggest you consult an immigration attorney.

    http://www.uscis.gov/green-card/oth...een-card-international-organization-employees
     

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