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  • getting married

    Hi everyone, I am new on this board and i am lookking for advices.

    I came from france 5 years ago, no visa needed, and now my status is overstayed.
    I have been working under the table all that time.
    My boyfrind and I met about a year ago and thinking to get married, his is not a usc but has his permanent residency.
    My question is could he sponsor me? and would they give me a hard time for working the way I did ?
    Thank you for your input.

  • #2
    Hi everyone, I am new on this board and i am lookking for advices.

    I came from france 5 years ago, no visa needed, and now my status is overstayed.
    I have been working under the table all that time.
    My boyfrind and I met about a year ago and thinking to get married, his is not a usc but has his permanent residency.
    My question is could he sponsor me? and would they give me a hard time for working the way I did ?
    Thank you for your input.

    Comment


    • #3
      This question was asked and answered a Gazillion times before that's why nobody answers.
      In brief, the only thing that a Green Card holder can do when it comes to sponsoring relatives (spouse/children) is to file an Alien Relative petition form I-130 which establishes beneficiary's eligibility for Permanent Residence based on the relationship with the petitioner. The date I-130 is excepted for processing (NOA1) by the CIS becomes beneficiary's 'priority date'.

      What this all means is that if you get married to a Green Card holder the only thing he can do is file I-130 for you. After that you'd have to wait for your 'priority date' to become current before you can file for 'adjustment of status'. Currently the wait for the priority date to get current is about 4 years.

      http://travel.state.gov/visa/frvi/bu...etin_2507.html

      As a spouse of a Permanent Resident you'll be in Family Second A (F2A) priority category. This is because there's a numerical limitation on a number of immigrant visas issued each year to spouses/children of LPRs. As of May 2005 spouses/children of LPRs with I-130s filed on or before Apr 22 2001 can file for adjustment of status or immigrant visa.

      http://uscis.gov/graphics/howdoi/immvisa.htm

      If your boyfriend/husband becomes a USC there won't be any waiting for an immigrant visa and you'd be able to file for adjustment of status (I-485) together with the alien relative petition (I-130). If you decide to get married he can file I-130 now and upgrade it later when he becomes a USC.

      Cheers.

      Comment


      • #4
        thanks SUP,
        I guess bob can file for usc,he never really needed it before.
        do u think once he gets naturalised they would have a problem with me being here for so long and working illegally ?
        how long would it take for me to straighten my situation ?
        Thank you for your time. :-)))

        Comment


        • #5
          How long he had been in US if five or more years and holding LPR status then he can file for his naturalization, and it depends upon the place of his filing forN-400.
          Experience: indicate that it takes about 6 months to 3 yaers at Service Centers. check your Service Center for this date.

          Comment


          • #6
            one more question since I overstayed when will we be able to leave the country without being barred ?

            Comment


            • #7
              one more question, since I overstayed how long after being married will we be able to leave the country without me being barred ?
              All advices are well appreciated.

              Comment


              • #8
                Salut Julie, Desolee de to deranger mais...dans quel etat es-tu en ce moment?

                Comment


                • #9
                  Julie, when you marry a citizen overstays, etc are normally forgiven. I don't know how long it would be before you could leave the country.

                  Comment


                  • #10
                    julie123, do NOT leave the country until you adjust your status. It could take up to 2 years after you apply for adjustment (I-485) depending on the area where you live. If you go outside the U.S. before you get your 2yr green card you'll be banned for 10 years from re-entry.

                    Cheers.

                    Comment

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