The person I want to marry has lived here since she was 3 and now she is 21.
Her parents are US citizens now but for some reasons I am not sure of right now, her papers weren't filed correctly or something.
So apparently she has overstayed the Visa or Green Card she came to the US on when she was 3 years old.
2007-12-12 18:44:55 · 10 answers · asked by Anonymous in Politics & Government ➔ Immigration
I'm not sure you're hearing the whole story here, based on what you've said so far. Among other things, you can't overstay a green card, either you're a permanent resident or you aren't, with the emphasis on permanent. So, it doesn't seem to make a lot of sense on the face of it. My advice would be to go to an immigration attorney and show whatever evidence you have on how she entered the US, and her parents, plus whatever evidence she has to show her relationship to her parents. the last bit may sound strange, but so does this story. she should have been able to adjust through her parents. why she didn't is a critical piece of this puzzle. If she entered illegally, and doesn't have any status, she won't be able to adjust status in the US after your marriage, but would have to leave. She should be able to get an immigrant visa eventually based on your petition and after she's filed a waiver application for her apparently illegal stay in the US. Still, there seems to be a lot of important information missing here. Go see an immigration attorney who can sort through this mess and lay out your options.
2007-12-13 00:56:34 · answer #1 · answered by George L 7 · 2⤊ 0⤋
Answers:
1. You can marry anyone you want without regard to their immigration status.
2. Your fiancee may be a US citizen already. If she came on a green card and her parents became US citizens before she was 18, then she is a US citizen by action of law - no one has to file anything.
3. Green cards don't expire in the way visas do. If she is not a US citizen and had a green card, she is probably still a lawful permanent resident. She can request a new green card. She is probably also eligible for naturalization.
4. If she never got a green card and is truly a visa overstay, you can petition for her and she can request adjustment of status in the US. Since the basis will be marriage to a US citizen (it doesn't matter that you are naturalized and not native born), the government will forgive her overstay.
Talk to an immigration lawyer about things before you spend tons of money filing applications you may not need.
2007-12-13 06:08:23 · answer #2 · answered by Eddie S 3 · 1⤊ 0⤋
I understand what you are going through. Ignore the callous and soulless remarks about deporting someone who is American in all aspects save the possession of a few papers (for all those who would disagree: she has been here since she was 3 years old. She grew up here. Think about it). She will be legalized, eventually.
For now, get a good immigration attorney. If she came on a visa then you should be able to marry and adjust relatively quickly.
2007-12-12 19:05:19 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Short answer- marriage is between a man and a woman; the residency status of both is irrelevant for purposes of the marriage. I suspect you're asking if she'll be deported because she gets married. I doubt it because most marriages occur at the country level and the county may be concerned more with normal legal issues such as marital status, licenses, blood tests, etc. than with immigration issues.
But there's more going on here. From what you've said, her parents are naturalized US citizens. They had to have been legal residents to get citizenship. And if they were some sort of overstay when they arrived with their three-year-old daughter, they managed to get their immigration status resolved.
The mystery to me is why they resolved their status without doing anything for their daughter. You need to talk to her parents. Might be, her status is fine, just that she doesn't know about it.
There might also be a way for her to resolve her situation. Contact/visit DHS/CIS and ask about the status of *minor* children. I think there's a way for minor children to piggyback with the parents if the parents become citizens. Verify this with CIS.
2007-12-12 18:58:18 · answer #4 · answered by going_for_baroque 7 · 4⤊ 0⤋
I don't understand why so many top contributors believe the subject has to return home to file to adjust status. THAT IS NOT A REQUIREMENT. I see alien files all the time where subjects are granted adjustment of status and DO NOT LEAVE. In answer to the poster's question, no, the illegal will not get a green card without applying for one.
2016-04-09 00:13:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If the person came on a visa and overstayed you could marry her and file and I-130 and I-485. Consult a reputable immigration lawyer.
2007-12-12 21:03:33 · answer #6 · answered by ed 4 · 0⤊ 0⤋
You can marry whoever you want. If you marry just for immigration reasons, you are committing a crime (marriage fraud). Otherwise, fall in love and get married. Remember that she won't automatically become legal.
2007-12-12 19:14:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
WELL YOU SHOULD SEE IF HER PAPERS WHERE FILED CORRECTLY IT SHOULD BE EASYER BECAUSE SHE WAS HERE SENCE SHE WAS 3 MAYBE SHE CAN STAY HERE BUT SHE CAN'T HAVE A CRIMINAL HISTORY I HOPE I HELPED AND I WISH YOU THE BEST AND IT SHOULD BE EASY IF YOU WHERE BORN HERE
2007-12-12 18:55:51 · answer #8 · answered by BABYDOLL2007 2 · 1⤊ 1⤋
NO, she must return to her country and start the paper work. BTW she is not alone, their are about 25,000,000. illegals here now.
2007-12-12 18:50:20 · answer #9 · answered by jja_American 2 · 0⤊ 5⤋
Is this a joke?
2007-12-12 18:50:57 · answer #10 · answered by Anonymous · 0⤊ 5⤋