I know this Russian girl who is illegal living in Virgina and wants to marry this guy inorder to become legal. She believes that she could apply in the States & no need to go back to her country. Could u file here & get the G.Card here or u have to leave the States for the pettion to be acceptable by the INS ?
2006-11-21 22:42:05 · 12 answers · asked by Anonymous in Politics & Government ➔ Immigration
The husband may file the I-130 form (petition for relative) and biographic data G-325A for both the husband and Russian girl, along with the the Russian girl's Application To Register Permanent Residence or Adjust Status I-485. (Requires passport photos for both, birth certificates for both, marriage certificate and if either have been previously married, divorce certificates.)
If she has overstayed her visa she may have to file Supplement A to Form which has a $1,000 fee. Or, she may be required to go back to Russia for 5 years.
2006-11-22 10:29:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No. Green cards are no longer automatic when you marry; and if you didn't have legal status in the first place, the chances are your marriage will not be recognized for the purposes of immigration and you will be deported.
Even if the alien was here legally, they need to apply for a 'fiance' visa, and then get married. She must return to her own country in order to get the visa. After that, they need to show an ongoing relationship - this can entail frequent un-announced house calls to check your bedroom is shared, that two people are living in the house etc. You can also face an interview about your sex life and any other aspect they choose to show that there is a real relationship. You may then get a green card.
Way too many people were abusing the system, so now it's tough for every couple, genuine or not.
2006-11-22 02:04:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In order to have the process done correctly her husband has to file the paper work with the INS and she has to go back to Russia and wait for her husband to request her. There is no way she can receive the G. card if she is already here because she entered the country illegally and the INS is somewhat strict on that issue. SO yes, most def, she'd have to go back to her country and wait for all the papers to be in order and complete for her to re-enter the states properly.
and just for the record, a convenience marriage is punishable by law, and you might get some jail time for that or a hefty fine.
2006-11-22 00:06:14 · answer #3 · answered by ☆Karma☆ 6 · 0⤊ 0⤋
i dont know where all these people are gettin their information but last time i checked...(it may have changed or not)...if this russian girl entered the US with a visa and overstayed thus making her illegal...then when she gets married file i-485 form adjustment of status to get her green card (there are other forms also which the lawyer will file along with i-485)...she will not have to leave the US...ofcourse with marraige based immigration...she and her husband will have to see an immigration adjuducation officer...they will give her a conditional green card valid for 2 yrs...then 90 days prior to the expiration of the conditional green card...she must submit all proofs to immigration to remove the condition and receive the permanent card...if immigration reviews the info and deems it incomplete ..they may ask for a "stokes interview" where the husband and wife is interview separately...if immigration is still not satisfied with the responses..they can ultimately deny her green card and then she has 33 days to file an appeal with immigration....
2006-11-22 03:40:22 · answer #4 · answered by nfocuz00 4 · 0⤊ 0⤋
enable me observed that i don't condone or help unlawful immigration in any way. (yet those mum and dad...........) right this is a few tips nevertheless. The national protection Authorization Act (NDAA) of 2006, that authorizes the enlistment of (a million) nationals of the USA; (2) extraterrestrial beings who've been lawfully admitted for everlasting place of abode (green card); (3) citizens of various former U.S. territories; and (4) the different individual “if the Secretary of protection determines that such enlistment is taken under consideration necessary to the national activity.” Please be conscious that the militia has no specific wand, and basically forwards the utility. it may nonetheless be denied simply by unlawful residency. (long shot) Has she seen Canada? employing for a college student visa? employing for a artwork visa? not something against Mexico, yet as quickly as I had to stay someplace for a pair of months on a similar time as I fixed my citizenship....
2016-10-22 13:12:15 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If she marries a US citizen and is able to prove her marriage is a love marriage and not a scam she will most likely be allowed to stay. It will be up to the INS investigator and judge rather or not they believe the story. Since she is already here illegally, proving she is married for love will be very difficult if not impossible. They will be looking for a scam.
2006-11-21 23:13:30 · answer #6 · answered by lady01love 4 · 2⤊ 0⤋
I am not sure of the law, and she really should consult an immigration lawyer, but I will say that I think she should be allowed to do so. I know that the INS is very touchy about people who get married for the purpose of immigrating, but the fact is, if you love him, you should marry him. If she wants to marry him even though she does not love him, and he wants her, then it might still end up being a good marriage, and she may come to love him as her rescuer and protector.
However, that part is up to them. The fact is, if she gets divorced within a few years, they are going to send her home in disgrace. If she stays married to her husband, she is OK in my book.
2006-11-21 22:52:30 · answer #7 · answered by auntb93again 7 · 2⤊ 1⤋
In the past illegal aliens and legal non residents were allowed to remain in the United States while the paperwork for changing status was processed. I've been told that this is no longer being allowed.
2006-11-21 23:23:24 · answer #8 · answered by Yak Rider 7 · 2⤊ 0⤋
NO, she has got to leave.
I know two people who are married. The are both in here legally. One is here on an H1 Visa. His H1 visa was about to expire. She was here on and H1 visa but filed to right paper work to become a resident. They have been married for about 4 years. NOT a marriage of convience. The new university he was working at was the one which had to fill out the correct paper work to get his H1 visa rolling. If he was going to go on her green card he would have to be deported back to russia until the legal amount of time and all the red tape was taken care of. It doesn't go in accordance to the lenght of the marriage only. They go by the filing time.
2006-11-21 22:54:28 · answer #9 · answered by wondermom 6 · 0⤊ 2⤋
It's my understanding that these days the INS does prosecute and send home those who try to marry just for citizenship purposes. Maybe there is a new rule on this. I can't say for certain.
2006-11-21 22:45:34 · answer #10 · answered by sophieb 7 · 1⤊ 1⤋