No need for 245(i) when married to a citizen?
Feb 10th 2001, 7:23 am
#1
Guest
Posts: n/a
Hi,
I've read a posting here saying that if your spouse is a U.S. citizen then you can adjust
your status regardless of if your non-immigrant status is still valid or not, and you
don't even need the revived 245(i) for that. Is this true? My wife has a green card now
but eventually (I hope) will become a citizen. I, on the other hand, may loose my status
by then if I stay here and wait for this to happen. So if let's say I overstay my visa a
little (but enough for the 10 year bar to trigger), will I be able to adjust my status to
PR? Being a good boy, leaving the country, and wait for the consular processing is
somewhat an OK option for me, I just want to explore other possibilities. Where can I read
about this stuff? Is it in the INA somewhere?
Thank you!
-Mark
I've read a posting here saying that if your spouse is a U.S. citizen then you can adjust
your status regardless of if your non-immigrant status is still valid or not, and you
don't even need the revived 245(i) for that. Is this true? My wife has a green card now
but eventually (I hope) will become a citizen. I, on the other hand, may loose my status
by then if I stay here and wait for this to happen. So if let's say I overstay my visa a
little (but enough for the 10 year bar to trigger), will I be able to adjust my status to
PR? Being a good boy, leaving the country, and wait for the consular processing is
somewhat an OK option for me, I just want to explore other possibilities. Where can I read
about this stuff? Is it in the INA somewhere?
Thank you!
-Mark
Feb 10th 2001, 4:03 pm
#2
Guest
Posts: n/a
sorry test
> Hi,
>
> I've read a posting here saying that if your spouse is a U.S. citizen then you can
> adjust your status regardless of if your non-immigrant status is still valid or not, and
> you don't even need the revived 245(i) for that.
Is
> this true? My wife has a green card now but eventually (I hope) will
become
> a citizen. I, on the other hand, may loose my status by then if I stay
here
> and wait for this to happen. So if let's say I overstay my visa a little (but enough for
> the 10 year bar to trigger), will I be able to adjust my status to PR? Being a good boy,
> leaving the country, and wait for the consular processing is somewhat an OK option for
> me, I just want to
explore
> other possibilities. Where can I read about this stuff? Is it in the INA somewhere?
>
> Thank you!
>
> -Mark
> Hi,
>
> I've read a posting here saying that if your spouse is a U.S. citizen then you can
> adjust your status regardless of if your non-immigrant status is still valid or not, and
> you don't even need the revived 245(i) for that.
Is
> this true? My wife has a green card now but eventually (I hope) will
become
> a citizen. I, on the other hand, may loose my status by then if I stay
here
> and wait for this to happen. So if let's say I overstay my visa a little (but enough for
> the 10 year bar to trigger), will I be able to adjust my status to PR? Being a good boy,
> leaving the country, and wait for the consular processing is somewhat an OK option for
> me, I just want to
explore
> other possibilities. Where can I read about this stuff? Is it in the INA somewhere?
>
> Thank you!
>
> -Mark
Feb 10th 2001, 6:34 pm
#3
Guest
Posts: n/a
You are correct in saying that you do not need 245(i) if you are married to a U.S Citizen.
However, you need it if your wife was to file a papers for you at this point. My questons
for you is, why would you want to risk waiting until your wife becomes a citizen to apply
for your GC. Of course the chance for you get removed from the country is minimal but if
it was to happen are you ready to be away from 10 years? I strongly suggest that you
consult with a lawyer on this issue. Good luck and all the best.
FYI, I am not a lawyer.
> Hi,
>
> I've read a posting here saying that if your spouse is a U.S. citizen
then
> you can adjust your status regardless of if your non-immigrant status
is
> still valid or not, and you don't even need the revived 245(i) for
that. Is
> this true? My wife has a green card now but eventually (I hope) will
become
> a citizen. I, on the other hand, may loose my status by then if I
stay here
> and wait for this to happen. So if let's say I overstay my visa a
little
> (but enough for the 10 year bar to trigger), will I be able to adjust
my
> status to PR? Being a good boy, leaving the country, and wait for the consular
> processing is somewhat an OK option for me, I just want to
explore
> other possibilities. Where can I read about this stuff? Is it in the
INA
> somewhere?
>
> Thank you!
>
> -Mark
However, you need it if your wife was to file a papers for you at this point. My questons
for you is, why would you want to risk waiting until your wife becomes a citizen to apply
for your GC. Of course the chance for you get removed from the country is minimal but if
it was to happen are you ready to be away from 10 years? I strongly suggest that you
consult with a lawyer on this issue. Good luck and all the best.
FYI, I am not a lawyer.
> Hi,
>
> I've read a posting here saying that if your spouse is a U.S. citizen
then
> you can adjust your status regardless of if your non-immigrant status
is
> still valid or not, and you don't even need the revived 245(i) for
that. Is
> this true? My wife has a green card now but eventually (I hope) will
become
> a citizen. I, on the other hand, may loose my status by then if I
stay here
> and wait for this to happen. So if let's say I overstay my visa a
little
> (but enough for the 10 year bar to trigger), will I be able to adjust
my
> status to PR? Being a good boy, leaving the country, and wait for the consular
> processing is somewhat an OK option for me, I just want to
explore
> other possibilities. Where can I read about this stuff? Is it in the
INA
> somewhere?
>
> Thank you!
>
> -Mark
Feb 11th 2001, 6:27 am
#4
Guest
Posts: n/a
Well, I spent a few hours studying INA and 8CFR and it looks like I've found an answer to
my question myself. You know, it is really amazing how they write those kind of documents.
Once you dedicated some time to getting into the swing of things you really appreciate the
paradigm. I enjoyed it and want to study more. Maybe I should be a lawyer
-Mark
> Hi,
>
> I've read a posting here saying that if your spouse is a U.S. citizen then you can
> adjust your status regardless of if your non-immigrant status is still valid or not, and
> you don't even need the revived 245(i) for that.
Is
> this true? My wife has a green card now but eventually (I hope) will
become
> a citizen. I, on the other hand, may loose my status by then if I stay
here
> and wait for this to happen. So if let's say I overstay my visa a little (but enough for
> the 10 year bar to trigger), will I be able to adjust my status to PR? Being a good boy,
> leaving the country, and wait for the consular processing is somewhat an OK option for
> me, I just want to
explore
> other possibilities. Where can I read about this stuff? Is it in the INA somewhere?
>
> Thank you!
>
> -Mark
my question myself. You know, it is really amazing how they write those kind of documents.
Once you dedicated some time to getting into the swing of things you really appreciate the
paradigm. I enjoyed it and want to study more. Maybe I should be a lawyer
-Mark
> Hi,
>
> I've read a posting here saying that if your spouse is a U.S. citizen then you can
> adjust your status regardless of if your non-immigrant status is still valid or not, and
> you don't even need the revived 245(i) for that.
Is
> this true? My wife has a green card now but eventually (I hope) will
become
> a citizen. I, on the other hand, may loose my status by then if I stay
here
> and wait for this to happen. So if let's say I overstay my visa a little (but enough for
> the 10 year bar to trigger), will I be able to adjust my status to PR? Being a good boy,
> leaving the country, and wait for the consular processing is somewhat an OK option for
> me, I just want to
explore
> other possibilities. Where can I read about this stuff? Is it in the INA somewhere?
>
> Thank you!
>
> -Mark
Feb 11th 2001, 2:11 pm
#5
Guest
Posts: n/a
can you please post what you found out
> Well, I spent a few hours studying INA and 8CFR and it looks like I've
found
> an answer to my question myself. You know, it is really amazing how they write those
> kind of documents. Once you dedicated some time to getting
into
> the swing of things you really appreciate the paradigm. I enjoyed it and want to study
> more. Maybe I should be a lawyer
>
> -Mark
>
>
> > Hi,
> >
> > I've read a posting here saying that if your spouse is a U.S. citizen
then
> > you can adjust your status regardless of if your non-immigrant status is still valid
> > or not, and you don't even need the revived 245(i) for that.
> Is
> > this true? My wife has a green card now but eventually (I hope) will
> become
> > a citizen. I, on the other hand, may loose my status by then if I stay
> here
> > and wait for this to happen. So if let's say I overstay my visa a little (but enough
> > for the 10 year bar to trigger), will I be able to adjust my status to PR? Being a
> > good boy, leaving the country, and wait for the consular processing is somewhat an OK
> > option for me, I just want to
> explore
> > other possibilities. Where can I read about this stuff? Is it in the INA somewhere?
> >
> > Thank you!
> >
> > -Mark
> >
> >
> Well, I spent a few hours studying INA and 8CFR and it looks like I've
found
> an answer to my question myself. You know, it is really amazing how they write those
> kind of documents. Once you dedicated some time to getting
into
> the swing of things you really appreciate the paradigm. I enjoyed it and want to study
> more. Maybe I should be a lawyer
>
> -Mark
>
>
> > Hi,
> >
> > I've read a posting here saying that if your spouse is a U.S. citizen
then
> > you can adjust your status regardless of if your non-immigrant status is still valid
> > or not, and you don't even need the revived 245(i) for that.
> Is
> > this true? My wife has a green card now but eventually (I hope) will
> become
> > a citizen. I, on the other hand, may loose my status by then if I stay
> here
> > and wait for this to happen. So if let's say I overstay my visa a little (but enough
> > for the 10 year bar to trigger), will I be able to adjust my status to PR? Being a
> > good boy, leaving the country, and wait for the consular processing is somewhat an OK
> > option for me, I just want to
> explore
> > other possibilities. Where can I read about this stuff? Is it in the INA somewhere?
> >
> > Thank you!
> >
> > -Mark
> >
> >
