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Thread: marriage,overstay

  1. #1
    Guest
    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. #2
    Guest
    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

  3. #3
    Guest
    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!

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

  5. #5
    Guest
    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.

  6. #6
    Guest
    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

  7. #7
    Guest
    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.

  8. #8
    Guest
    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.

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

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



    thanks

  10. #10
    Guest
    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

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