I have a question my girl and I got married a week ago now she my wife what do I have to do next to get her a green card she came here legal but her visa expired about 1 year ago whats next
2007-01-08 06:44:51 · 11 answers · asked by mr. metoo 1 in Politics & Government ➔ Immigration
Sorry, but that's the wrong question. When it comes to the INS the question is what should you do BEFORE marriage. The INS really expect to be kept in the loop before hand. Getting married to an illegal alien does not automatically create any special rights, if anything it just makes them more determined to kick her out.
At this point you are going to have to get an immigration attorney and hope he is good.
2007-01-08 06:54:24 · answer #1 · answered by ZCT 7 · 0⤊ 0⤋
Luckily your case is pretty simple. Since she came here legally and is just an overstay, then you need to file the I-130 petition for her. You will have lots more paperwork and fees to deal with but eventually she will interview in the U.S. and the decision about her green card will be made then. Good luck and if you need any more information go to www.immigrate2us.net These are a group of individuals dealing with situations like your and much worse every day. they can definitely help and they have lawyer that they can recommend. Good luck
2007-01-08 07:10:10 · answer #2 · answered by whoareyou 3 · 0⤊ 0⤋
"she came here legal but her visa expired about 1 year ago"
That means she is an illegal alien. There is no way to get her a green card now. She has to go back to her home country and you apply for a spouse visa so she can come here. There is a chance you can get an immigration lawyer to help you so she won't have to leave, but don't count on it.
2007-01-08 06:53:25 · answer #3 · answered by Pro-America, Anti-Illegal 2 · 1⤊ 1⤋
She has to return to her country and file for a green card at the US embassy as a married to an American person. Or hire an immigration lawyer. But if her visa is past due, she's illegal and will be deported.
2007-01-08 06:51:31 · answer #4 · answered by Anonymous · 1⤊ 0⤋
next they will caught her and send her home. If she overstayed for
less then a year, she will be forbidden to return for 3 years, if for
more than a year - for ten years...
They do not care if you are married or not. Send her back to her
country quietly and then she'll apply for the visa from there, at the
embassy. She has better chance doing it legally. Even if they find out she was illegal for some time and refuse, you can apply for a waiver.
You can't make her legal here
You can find more info here:
http://www.uscis.gov/portal/site/uscis
and here:
www.visajourney.com
2007-01-08 06:51:41 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Don't worry, she can adjust her status while still in the country. visit uscis.gov to get the necessary forms. You'll need to start with a petition for her as her spouse. Then she can adjust her status to that of a permanent resident through marriage.
Good luck! its such a process.
2007-01-08 07:01:35 · answer #6 · answered by Mz Bee 3 · 0⤊ 1⤋
My best advice to you would be to seek help from a lawyer.
It should'nt be that difficult, since she never entered illegal. She will probably just have to have a waiver for being here past her time.
2007-01-08 11:00:05 · answer #7 · answered by licy 1 · 1⤊ 0⤋
learn to speak english and then send her on the next plane out of the country. you married an illegal alien.
2007-01-08 06:48:42 · answer #8 · answered by curious_One 5 · 0⤊ 1⤋
apply for i-751 and 485a.. Good lucK!!
2007-01-08 07:03:07 · answer #9 · answered by fineladysouth 3 · 0⤊ 1⤋
divorce
2007-01-08 06:46:52 · answer #10 · answered by Anonymous · 3⤊ 2⤋