I am willing to do anything, including getting married, so she can stay and get legal residence. I want to do it right. What can be done?
2007-01-24 07:00:24 · 13 answers · asked by osvcaptain 1 in Politics & Government ➔ Immigration
jimquk has good info on the UK.
If you are talking the US, then NO, marrying her will not allow her to stay. The only way that applying in the US would allow her to stay, would be if she was here on a valid visa or a fiance' visa.
The process for getting a visa is that YOU must apply to Homeland Security, and after they determine it is ok, they will give you permission to apply for a visa for her. It is up to YOU to apply for it. As part of that application process, they will require HER to go to the US Embassy in Russia for an interview. That embassy is the only one that has the right to decide, unless she is in the USA legally.
This whole process takes 4 months to 2 years.
The biggest problem you will have is that the US Embassy will look to see if she has ever violated a visa status before, and they will refuse her based on her not obeying her current visa.
And, as someone else mentioned... she's an illegal alien in the USA. She's already broken the law. Your best bet is to contact an immigration lawyer and hope he can fix it for you. You won't do it yourself, successfully.
2007-01-24 11:44:57 · answer #1 · answered by Kevin 6 · 0⤊ 0⤋
She would need permission from the Home Office to get married in UK, which would certainly be refused even if she had a valid visa - there may be an exemption for marriages in the Church of England. Normally she should return to her home country and apply to come as a fiancee - also could be refused - or yo could get married over there. Even then, they will refuse to allow her to come if they think it is not a genuine marriage, or if you cannot show that you could support and accommodate her without relying on benefits, council housing, etc. The rules are the same in Scotland. Having had an application rejected does not mean that future applications should not be considered properly - but they may query whether her main goal is just to find some way to stay in UK; and they may consider her immigration history, ie whether she has abided by the terms of previous visas. Sorry to say, this is a very tough situation, you need to be very sure about your commitment to each other. If you are prepared to live in China, are you learning Chinese? Have you contacted the Chinese embassy about their visa requirements? You should go together to a Law Centre, Citizens Advice Bureau, immigration solicitor, or OISC regulated immigration advisor for more guidance. As a last resort, if there are exceptional circumstances, your MP may be able to assist; it would be helpful then to have support from your family, etc. Good luck!
2016-05-24 04:54:31 · answer #2 · answered by Barbara 4 · 0⤊ 0⤋
If you are an american citizen yes...Get marry any court house just need a form of Identification...Wait to get the marriage certificate in about 30 days or maybe 45 days after marry and then You have to fill an application to make the petition because you are Ame citiz...And then after you have send it 30 days to 45 days later dshe will get an a work permise...the whole processe will take 1rst day you send the application to 6-9 months for her to became and Legal Residence thats all...Good luck!!! By the way you have to prove income for the past 3 years not less the 12,000.00 to be eligeble to make the petition is a prove that you can support her here in the US
2007-01-24 07:10:24 · answer #3 · answered by nena_en_austin 5 · 0⤊ 0⤋
In the UK, marriage does NOT give an automatic right to stay in the country - and she would have to obtain permission from the Home Office before she could marry in UK, which would be refused, so you would need to get married abroad, and then apply for a spouse visa to bring her back. This would only be given if you could show that you can support and accommodate her.
I can give you Home Office website details if UK is relevant to you.
Good luck
2007-01-24 08:44:32 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I doubt they will deport her if you marry her. If you go the civil route, get a prenup. If you go the Church route, go all out and invite all next of kin residing in the country and if that isn't possible, try to teleconference the wedding to Russia. Don't budge on the Church or Prenup, she has to respect her vows so that you don't get screwed, because in America, Husbands/Fathers don't have rights. They only have responsibilities. As for the paperwork, marry her and apply. Be good little boyscouts and girlscouts and live as if you were on parole and replace any of your vices with good old fashioned baby-making. If they try to deport her anyway, have a good lawyer on your side.
2007-01-24 07:37:18 · answer #5 · answered by Baddest_Bandulu 2 · 0⤊ 0⤋
Absolutely. Once you get married you will file the I-130 visa application for her. INS wil send back more paperwork for you to file. She will be given an interview date here in country and as long as she is approved she will receive her green card in the mail. Since she was here on a student visa that has since expired she is technically an illegal now but she will not have to leave the country to adjust status.
If you need more info please visit www.immigrate2us.net
2007-01-24 07:12:54 · answer #6 · answered by whoareyou 3 · 1⤊ 1⤋
Of course not. The minute you apply, they will detect her and send her back. From her home country she would be able to apply for a spouse visa, and will be refused, because she overstayed once. Then you will have to apply for a waiver. But no, you can not make her legal while she is in the country.
2007-01-28 05:04:47 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes, but you will have show inmigration that your marriage with her is for real and not facke, if inmigration find out that you marri her just to give her the residency you will get to go to jail and she will be send back to her country, and on top of it you will have to pay a very hight fee for doing that, but you shut not worry about all this if you are doing it right, the marriage have to be real, and you will have to show that to inmigration and follow they instructions, my recomendation: seek legal help with an inmigration lawyer, sen me an emai i will like to share with you an expiriense of a friend of my, that was in the same situation and everithing was Ok with them.
2007-01-24 08:28:22 · answer #8 · answered by javierporras1983 3 · 0⤊ 0⤋
you really need to seek professional advice on this. there are rather complicated laws involving getting a legal status by marrying a U.S. citizen. Most people on this site can't give you any good answer.
2007-01-24 07:10:53 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes she can but why?. As soon as you marry her and she becomes legal, she will dump you and go for the men with the big bucks. Happens daily
2007-01-24 07:21:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋