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  • Need Help on Marriage Petition

    HI:
    I wanted information on how to go about filing under a marriage petition.

    First of all, the girl lives in the USA without any status. Is it possible for a US Citizen to get married to her, and what would be proper steps for going about that process.

    Please help.

  • #2
    HI:
    I wanted information on how to go about filing under a marriage petition.

    First of all, the girl lives in the USA without any status. Is it possible for a US Citizen to get married to her, and what would be proper steps for going about that process.

    Please help.

    Comment


    • #3
      I wish I knew too. My husband is here in the US with no status and we gor married last year. Everybody says go ahead a file a petition but all the lawyers we asked they said he would get deported back to this country for 10 years. Don't know how true.

      Comment


      • #4
        1) As long as the person is otherwise legally free to marry, than yes, you can marry. Immigration status does not affect a persons legal right to marry. (Some people may try to tell you that it does.)
        2) Filing a petition for your spouse probably will not, in and of itself, cause him/her to get deported. If your spouse came on a visa and overstayed, than he/she won't even have to leave the country to get a greencard. If he/she snuck in, than the process is a bit more complicated, but not impossible. My husband of two years is an illegal from Mexico. I married him in Nevada and it did not cause him to get deported. I started the process of getting him a greencard last year.

        Renee, if you want to give me a little more info about your husband (what country he's from, how long he's been here, when and how he came, etc.) I might be able to offer some advice.
        Have a nice day

        Comment


        • #5
          Did she enter without inspection (sneak over the border)?

          Comment


          • #6
            She entered on visitor visa about 5 years ago.

            Comment


            • #7
              If she entered legally, and you are married, file I-130, I-485, I-765, I-864, Medical exam. and then exercise patience!

              Comment


              • #8
                That is wonderful!! Since she entered legally, she will be able to get a greencard without leaving the country. Do as Cedar Scented says. Remember that if at all possible, she should not leave the country while the process is pending.
                Have a nice day

                Comment


                • #9
                  Just as a bit of advice to you (and everyone else). Take a few moments and talk to a immigration lawyer (or two) to make sure that what you are planning to do will work. You can EASILY get a few words of advice just by phoning and having a 'free consultation' on the phone. They will usually give you quite a bit of advice. If that is not good enough - pay a good immigration lawyer (get reccomendations or referrals) for an hour or two of consultation time. That will only set you back a couple of hundred bucks and can wind up saving you thousands (and YEARS of grief) if you mess it up...

                  I wouldn't necessarily hire a lawyer to file the forms, etc - that is very straight forward... But stay within your comfort zone...

                  So back to the question. At a very high level - if your spouse entered legally but has overstayed - then it is quite straight-forward. File the forms mentioned above... If they came in illegally - watch out and get a good lawyer! It is not impossible but it is a very long uphill battle..

                  ARQU

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                  • #10
                    This discussion board is so GREAT!
                    I appreciate your input, and hope I can
                    help someone in their endeavour to obtain
                    residency or citizenship in this country.

                    thank you all.

                    Comment


                    • #11
                      well, JohnDoe, that depends. In Atlanta it takes 3 years to get I-485 approved, so you might as well file a week after the wedding, as soon as you get a marriage certificate... In Oklahoma, it takes 4 months...

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