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Wait time for Green card if I marry Illegal alien

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  • Wait time for Green card if I marry Illegal alien

    Hi everyone. I was hoping to learn some information. I am seeing a girl from China and would like to marry her. She is not in the country legally. Does anyone know the average time it takes after marriage for her green card to come through? I know it must vary from state to state. We are in the NY/NJ area. Thanks for any help!

  • #2
    Hi everyone. I was hoping to learn some information. I am seeing a girl from China and would like to marry her. She is not in the country legally. Does anyone know the average time it takes after marriage for her green card to come through? I know it must vary from state to state. We are in the NY/NJ area. Thanks for any help!

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    • #3
      are u a US citizen or an LPR? My friend married a US citizen and in six months she got her green card....assuming that she has no other problems, I think if you are a US citizen it will take more or less around that time....

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      • #4
        Yes, I am a US citizen. She was told it could take 2 or 3 years. 6 months sounds very fast. Are you sure about this. I have a friend who married a legal immigrant from China and it still took about 8 months for a interview. So there is a long wait for the interview and then after that another long wait for approval of green card?

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        • #5
          You say she is illegal. Care to embellish? If she entered the country without inspection, and you were to petition her, she would not be able to adjust status from within the USA (Aside from family unification aliens, that is), and would have to return to China for consular processing.

          Depending upon how long she has been here either out of status, or similar, there may be a 3 or 10 year bar which would have to be overcome.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #6
            Engaged:
            I filed everything at Newark NJ office in 2002 and took almost two years to get CONDITIONAL green card, and it took additional two years to have the condition removed(I751). and my status was always LEGAL in this country. so I am very certain that you were misinformed.

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            • #7
              Hi everyone. I was hoping to learn some information. I am seeing a girl from China and would like to marry her. She is not in the country legally. Does anyone know the average time it takes after marriage for her green card to come through? I know it must vary from state to state. We are in the NY/NJ area. Thanks for any help!
              Hopefully, she entered the country and overstayed and I doubt she entered the country without inspection. But since you are a USC, you may file the petition for AOS if you marry within the US. And depending on when she entered the country with inspection, there may be additional fees involved. I would look at which visa she entered in the US? F? B1? J? etc. Also, find out if she is from Hong Kong, Mainland China, or Taiwan. Sometimes, China is used interchangeably, and sometimes not. Additionally, find out why she overstayed her visa. There may be additional issues that would complicate the AOS. And I seriously doubt it will take six months, but more like a couple of years just to get in the conditional green card.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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              • #8
                You say she is illegal. Care to embellish? If she entered the country without inspection, and you were to petition her, she would not be able to adjust status from within the USA (Aside from family unification aliens, that is), and would have to return to China for consular processing.

                Depending upon how long she has been here either out of status, or similar, there may be a 3 or 10 year bar which would have to be overcome.
                Sappy,
                I seriously doubt she came without inspection. Just to visit, she has to come with a visitor's visa. More likely, she may came under a student visa and overstayed. It is not exactly one can walk across that big pond called the Pacific Ocean. And as a USC and if she overstayed, the petitioner would be able to file AOS, but it will not take six months, more like a couple of years.
                "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                • #9
                  Hi...I am pretty sure she took a plane from China to Mexico and then entered illegally here. That would be altoegther a different story and pretty bad news I take it?

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                  • #10
                    Hi...I am pretty sure she took a plane from China to Mexico and then entered illegally here. That would be altoegther a different story and pretty bad news I take it?
                    She would have still needed a visa to enter because of her place of residence prior to entry.
                    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                    • #11
                      Do you know what type of visa that might be? I think she mentioned that she overstayed so I think your right. I never really got into specific details with her. Again, if she overstayed, after marriage what would we do and how long does the AOS take? When you say "inspection" what does this mean? (so I can ask her about it)

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                      • #12
                        More likely a B-1. It will probably take a couple of years to get her AOS if you marry. And it also depends on her and whether she has been in trouble with local law enforcement. Good luck to you and to her.
                        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                        • #13
                          Thanks. When you mention inspection, do you mean did she go to chinese consolate here upon arrival?

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                          • #14
                            Inspection is when you enter with a visa and go through Immigration legally. Without inspection is when you cross illegally into the US, no visa. Marriage to a citizen overcomes a lot. Many times it will take care of an overstay, etc. If she had entered without inspection, you'd have to file to adjust status and it would more than likely be denied, then you'd have to file for a waiver. she would have to wait outside the country (usually) while that was processed. According to where filed the time it takes varies, also the percentages approved. This is not legal advice, results can vary.

                            Comment


                            • #15
                              When she entered through Mexico, did she sneak across the border, or did she enter through the port of entry and talk to a border guard?

                              If she sneaked in, then she will not be able to get her greencard without leaving the country first. If she came in legally, then she will most likely be able to adjust status.

                              You can also try http://www.immigrate2us.net

                              I just finished the process of getting my husband's greencard. It took over three years. He entered illegaly from Mexico. He had to go back to Mexico in order to apply for the greencard, then I had to file the I-601 because he had the ten year bar.
                              Have a nice day

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