Just got married whats the next step?

[Lang]

"Hi i am going to the whole process right now . I just got married and in the process of getting petition by my wife which is a greencard holder which she can apply for citizenship in two years time. I entered the country legally and i over stayed.My question is can she file a I-130,I-485,I-765 all at the same time?is there any way i get a working permit at this stage?

[mickey_mouse]

"Hi i am going to the whole process right now . I just got married and in the process of getting petition by my wife which is a greencard holder which she can apply for citizenship in two years time. I entered the country legally and i over stayed.My question is can she file a I-130,I-485,I-765 all at the same time?is there any way i get a working permit at this stage?

Marrying a permanent resident isn't as marrying a citizen. Was your wife a USC, you could immediately apply for AOS - and the overstay would be forgiven.

Marrying a resident puts you in the F2A category - PD for the category is 15MAR10 for "rest of the world", and same for other countries but Mexico. Which means you would need to wait at least 2 1/2 years for an immigrant visa number to be available to you. And because you're here illegaly, chances are you will be denied.

Sit tight & wait for your wife to become a citizen in two years.

[Lang]

Thanks for a quick response. I assume my wife first step would be filing the I-130 and then wait to file I-485 till she get naturalize?

[mickey_mouse]

Thanks for a quick response. I assume my wife first step would be filing the I-130 and then wait to file I-485 till she get naturalize?

Once she's a USC she can concurrently file all of them, as an immigrant visa # would be immediately available to you.

Of course by that time you would have accumulated a significant overstay time. Again, as of *right now*, that usually isn't an issue for those married to USC and looking to do AOS based on that fact. Who knows what may happen in a couple years, when your wife would petition for you.

Not to mention that between now and then, you face the risk of being deported at any time.