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lc_cheat_victim

Getting GC if spouse has overstayed visa

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Spouse is out of status by overstaying her student visa. Out of status by about 1 year. I'm on H1 with 485 waiting to get green card. Date not current yet.

Will my application become risky because of adding her?

What are the chances that she will get GC? Are there additional hoops to jump like interview etc.? OR is it impossible to get?

Thanks in advance.

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Why dis you allow this to occur? She is not likely banned for illegal presence due to the D/S on her I-94 however OOS can certainly affect GC processing. She needs to meet with an attorney and likely plan to exit the US to await the opportunity to return legally. In the interim, she is subject to deportation. Universities are generally very good about their reporting so it is unlikely that her problem has not been reported and will surface for future processing.

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