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  • marriage,overstay

    HI all

    I have a questions about marriage to a USC. My girfriend (USC) I am a British citizen who has overstayed in the U.S from my I-94 for about 2yrs. I know that I will get a ban of 10yrs from entering into the U.S IF I am caught ,after the marriage. what is the methods that,can make me change to legally stay.i will marry my GF soon,


    Thank you for your response

  • #2
    HI all

    I have a questions about marriage to a USC. My girfriend (USC) I am a British citizen who has overstayed in the U.S from my I-94 for about 2yrs. I know that I will get a ban of 10yrs from entering into the U.S IF I am caught ,after the marriage. what is the methods that,can make me change to legally stay.i will marry my GF soon,


    Thank you for your response

    Comment


    • #3
      Isn't I-94 a departure/arrival card? I think you'll need to find out what visa you entered with.
      The most important thing is finding out what visa you came in with, since different visas require different procedures. The gist when marrying a USC is that you'll need to change your status by filing the i-485 paperworks, then after a couple months or so, you'll get your employment authorization, then after that you'll be interviewed for your conditional green card, then after another while you'll have to apply to get those conditions on your green card removed and thereafter you and your wife can live happily forever after!
      Word of advice, since you're out of status, you may want to consult an immigration lawyer rather than trying to do this yourself. If you're comfortable and confident doing the filing and what not yourself, then more power to you. Just be prepared for repurcussions if you make a little slip. Good Luck and congratulations!

      Comment


      • #4
        will INS require me to leave the U.S for 10 years because i have overstay 2 years?

        Comment


        • #5
          Not necessarily. But the moment you leave the US whatsoever prior to getting yourself adjusted, you're basically out of luck and will be subjected to however long you're banned for. The best situation is to not leave the country.

          Comment


          • #6
            Well, if you read the previousl threads regarding this situation. Yes you will get a ban BUT marrying a USC get you off the hook. Speak to an immigration attorney and then pay up. I've heard from immigration attorneys that overstaying in the U.S is illegal, but marrying a USC or even giving birth to a child on U.S soil will allow you entrance into the U.S, well, your attorney will tell you the rest. It's not impossible for you to be granted a green card through marriage as your attorney will inform you that they will file this petition and that petition. Just as long as you don't have a criminal record, but other than that, you'll be fine. Hope you have enough monies for an attorney!

            Best of luck

            Comment


            • #7
              Being from the UK, did you enter on the visa waiver program? Is that what you mean?

              If that's how you got into the country, you can marry her and adjust your status, your overstay will be pardonned but don't leave the country until you get your green card.

              As far as giving birth, that does nothing for you. Your child can only petition you when they turn 21.

              You don't need a lawyer if you don't have any criminal history or anything special. But if it makes you feel better, get one.

              Comment


              • #8
                You will most likely be pardoned when you marry your gf and file for adjustment of status.But till then be careful in all ur action since u do not want to get caught doing something else minor like speeding or something like that.Best thing now is to get married quickly and consult an attorney.

                Comment


                • #9
                  I have not a criminal record.,$2000 OR $10000?

                  like my case how much will it PROBABLELY cost for attorney for whole procees?



                  thanks

                  Comment


                  • #10
                    Did you enter on the Visa Waiver program?

                    If you did, all you have to do is adjust your status after getting married.
                    You don't need a lawyer but you can get one if it will make you feel better or comfortable about it.
                    Get married and file your paperwork and don't leave the US until you get your green card.

                    http://www.ins.gov/graphics/howdoi/LPRApplication.htm

                    Comment


                    • #11
                      if i entered not on the Visa Waiver program how it would be then ?


                      normally how long time can get conditional green card? can I leave the country when I get CONDITIONAL green card within the first two years?



                      thanks

                      Comment


                      • #12
                        Let's make the question simple: How DID you get in the US??
                        What happens really depends on how you got here.

                        As far as leaving the country, yes you can travel abroad after getting your conditional green card.
                        Usually it takes about 1 year to 18 months to get it based on marriage.

                        Comment


                        • #13
                          Once you get your status adjusted, like I had posted earlier, you'll be interviewed and if you pass the interview, you'll be granted a conditional green card. How long will this take? It all depends on where your filing center is being serviced since different filing centers have different processing times.
                          Once you get your conditional green card, you'll also have to file for "advanced parole" (I'm forget if you file with your adjustment of status filing or after your conditional GC) which enables you to travel abroad. Remember that once you're granted to travel, be careful how long you leave the US for because if you travel too long, your GC will be in jeapordy.
                          Other than that, just what visa did you come into the US with? Thats a very important question because its not worth your and our time and effort if you learn the things said in this topic isn't relevant to your status.

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