Immigration Site

news, advice, info

Topic1 i130 & i485 together for overstayed spouse of a US Citizen

i130 & i485 together for overstayed spouse of a US Citizen

Hey folks,
i have a friend and she came to the US on a J1 visa well did decided not to go back and has been here since 2006, she fell in love with a very nice guy and was planning to get married very soon however she got reported and ICE is looking for her, She has not been detained yet but i believe that ICE is still looking for her. She wants to get married to her BF(US Citizen) not just for papers but for love. I did check her visa the 2 year rule dose not apply on her. My questions are the following:

1. What forms she would need to file to save her from being detained?
2. Can she file i130 & i485 together?what are the benefits?
3. If she gets married to a US citizen and files i130 & i485 together can she still be detained?
4. If she would file both i130 & i485 will she get any kind of legal status?
5. she has been reported so dose that means that she is in removal process? Will that effect her case in anyway?

I know my friends i am asking a lot of questions but this forum has been there in my difficult times and i know that people here on this form are really helpful, So please if anyone can help me help her in answering my questions it will highly appreciated. The clock is ticking folks and we have very short time.

I-130 & I-485 together and after 4-5 months will obtain a 2-year green card.In a meantime(about 2 months after they send package) she will get a work authorization.

so what you are saying is that her husband can file both form for her, okay! but can you tell me what will be her status after filing and can she still be detained even after that ?

No, after the I-485 will be filed her overstay will be forgiven and the continued presence is protected by virtue of filing of the I-485 .
Just make sure about the 2 year rule does not apply to her, that will be the only drag.
Make sure if she has any removal orders pending that she dont know of if she was reported.

 
Other

National Interest Waiver 1