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  • help for my girlfriend

    My girlfriend entered the country with a B2 visa in 2001 when she was 11. She is now 18 graduated from high school and wants to go to college what can she do?!?!??!?!
    her mother didnt file the papers on time so she has nothing. I have considered marrying her but wanted to see other options please help!

  • #2
    My girlfriend entered the country with a B2 visa in 2001 when she was 11. She is now 18 graduated from high school and wants to go to college what can she do?!?!??!?!
    her mother didnt file the papers on time so she has nothing. I have considered marrying her but wanted to see other options please help!

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    • #3
      What is her mom's status?

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      • #4
        her mother was claimed by USC mother but still nothing.

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        • #5
          Your girlfriend's mom is a USC??

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          • #6
            Assuming your girlfriend's mom is a citizen (before your girlfriend turned 18, she's automatically a citizen because of her mom's status! Take a look:


            Sec. 1431. Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired
            TITLE 8, CHAPTER 12, SUBCHAPTER III, Part II, Sec. 1431.
            STATUTE
            (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
            (1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
            (2) The child is under the age of eighteen years.
            (3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
            (b) Subsection (a) of this section shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1) of this title.

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            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NeedHelpFast:
              Assuming your girlfriend's mom is a citizen (before your girlfriend turned 18, she's automatically a citizen because of her mom's status! Take a look
              .
              .
              .
              (3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residency.
              (b) Subsection (a) of this section shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1) of this title. </div></BLOCKQUOTE>
              It is not that simple, and it does not sound that the Girlfriend has filed for AOS.. On top of that, a different sets of rules apply how someone who "grandfathered" citizenship (mother in this case) can transmit that citizenship to his/her children. But it is worth looking into it...

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              • #8
                NO my girlfriends mom is not a USC. My girlfriends grandmother claimed her mom for residency but still nothing. It has been in the "process". What can my girl do!?!!

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                • #9
                  When did the grandmother petition for her daughter?
                  Your girlfriend may be included as dependant.

                  Can you elaborate on "her mother didn't file papers on time so she has nothing"? What papers?

                  Are you US citizen?

                  Is a student visa an option? When was her 18th birthday? One starts accumulating overstay after the age of 18. If she is 18+, it wouldn't be a good idea to leave the USA to get student visa...

                  Just a few thoughts..

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                  • #10
                    18 years old !! I'll marry her ! Send me some pictures please !!!!!!!!!!!!!

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                    • #11
                      yes marry her if u love her. lol

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                      • #12
                        I love all girls 18 and younger

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                        • #13
                          Yes I guess I will marry her its what I had originally planned but just wanted to see more options. She turned 18 last September.

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                          • #14
                            Hey questions, HOLD ON A SECOND!
                            We're trying to understand the situation. Don't marry someone unless you are in love and want to make a LIFELONG committment to that person. Answer the questions regarding the paperwork. There may be other options available ok?
                            What paperwork was filed by the grandmother?
                            What is the status of the paperwork? If you are unsure, you need to find out for sure.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NeedHelpFast:
                              Assuming your girlfriend's mom is a citizen (before your girlfriend turned 18, she's automatically a citizen because of her mom's status! Take a look
                              .
                              .
                              .
                              (3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residency.
                              (b) Subsection (a) of this section shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1) of this title. </div></BLOCKQUOTE>
                              It is not that simple, and it does not sound that the Girlfriend has filed for AOS.. On top of that, a different sets of rules apply how someone who "grandfathered" citizenship (mother in this case) can transmit that citizenship to his/her children. But it is worth looking into it... </div></BLOCKQUOTE>

                              That's why I asked if mom was now a citizen.
                              Aneri, I'm not familiar with the grandfather clause, can you elaborate? Are you refering to being grandfathered by mom's citizenship, which in this case does not apply, or the possibility that the grandmother somehow applied for her daughter and grandchild? i'm not being facisious, I just did not know that this was possible (via grandmother)....

                              I referenced the above under the assumption that mom WAS a citizen, naturalized.

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