Spouse is Out of Status

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hi suzzane,

I was just wondering if I can file for adjustment of status with my husband who is "out of status"?

I'm a nursing student under a "student visa" and we're thinking how would his status affect my green card application after I graduate.

Thanks

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hi suzzane,

I was just wondering if I can file for adjustment of status with my husband who is "out of status"?

I'm a nursing student under a "student visa" and we're thinking how would his status affect my green card application after I graduate.

Thanks

Sorry to say but AOS only applies to the person who maintain legal status in the US.

The possible choices: sponsor him when you become a US citizen.

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Specializes in Medical and general practice now LTC.
hi suzzane,

I was just wondering if I can file for adjustment of status with my husband who is "out of status"?

I'm a nursing student under a "student visa" and we're thinking how would his status affect my green card application after I graduate.

Thanks

best to ask questions for Suzanne in the thread title ask suzanne questions at the top of the page as she can miss these questions. Such a busy lady with lots of spare time going to giving us advice

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hi suzzane,

I was just wondering if I can file for adjustment of status with my husband who is "out of status"?

I'm a nursing student under a "student visa" and we're thinking how would his status affect my green card application after I graduate.

Thanks

Your husband must be in status, or he can cause you to get denied in many cases. I would focus on getting him "in status."

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Sorry to say but AOS only applies to the person who maintain legal status in the US.

The possible choices: sponsor him when you become a US citizen.

If the person has their status brought up to date, then they can qualify for the AOS as well. Much easier to do it that way, if they are already here. Otherwise they will need to go the long route of being added. It is always much better to be "in status" before attempting anything with immigration.

Not sure why he was not made a dependent of the F-1 visa, as soon as his expired, or was set to.

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If the person has their status brought up to date, then they can qualify for the AOS as well. Much easier to do it that way, if they are already here. Otherwise they will need to go the long route of being added. It is always much better to be "in status" before attempting anything with immigration.

Not sure why he was not made a dependent of the F-1 visa, as soon as his expired, or was set to.

suzan,

It's very hard to brought out status to in status within US. Relatively easier for F1 student reinstatement, but not for other visa status. For people with a short period of out of status, they can leave the country, apply for a new visa, and reenter. This way, they adjust to in status. This most commonly for people who change jobs, between two H1, they have one or two, three months gap between two jobs, with USCIS approval of new H1, they can go to consulate and apply for a new H1 visa easily.

For the above person's husband, if he is on the F2 visa, it's almost impossible to get a new visa outside US once the wife filed immigration petition, and even on OPT, since it supposed to end within one year and the person will return to the home country, chances of spouse getting a new visa is equally impossible.

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suzan,

It's very hard to brought out status to in status within US. Relatively easier for F1 student reinstatement, but not for other visa status. For people with a short period of out of status, they can leave the country, apply for a new visa, and reenter. This way, they adjust to in status. This most commonly for people who change jobs, between two H1, they have one or two, three months gap between two jobs, with USCIS approval of new H1, they can go to consulate and apply for a new H1 visa easily.

For the above person's husband, if he is on the F2 visa, it's almost impossible to get a new visa outside US once the wife filed immigration petition, and even on OPT, since it supposed to end within one year and the person will return to the home country, chances of spouse getting a new visa is equally impossible.

Actually it is not impossible and the faster it is brought up to status, the easier it will be. But it will be much harder to get approval for a green card, if one of the parties listed is out of status.

An immigration attorney needs to be involved as soon as possible, and this was already told to the poster.

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Actually it is not impossible and the faster it is brought up to status, the easier it will be. But it will be much harder to get approval for a green card, if one of the parties listed is out of status.

An immigration attorney needs to be involved as soon as possible, and this was already told to the poster.

Suzan, You are absolutely right about difficulty on getting GC later on. people was questioned and asked proof of documents of lega stay duing I485 processing. Even on OPt and h1 start date gap, in the years before the USCIS permits students to stay and wait for the h1 start date, this year they disallow this stay and requires them either maintain other staus, or go back to home country and apply for H1 visa, it can be told that USCIS are getting more and more srict nowadays.

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This is why it is always extremely important to be "in status" before trying for AOS.

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