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  • Dating/future question

    Hello,
    I'm presently dating someone who is here on a expired visa. This person is over their limit by approximately 5 years. I was wondering if anyone can answer some dumb questions.
    1) Can I be somehow thought of as an accomplice to this person with my knowledge?

    2) If we decide to take our relationship to the next level, how much in the way of fines would they be looking at?

    3)Is it harder/impossible to get married w/someone here illegaly?

    Thanks,
    M

  • #2
    Hello,
    I'm presently dating someone who is here on a expired visa. This person is over their limit by approximately 5 years. I was wondering if anyone can answer some dumb questions.
    1) Can I be somehow thought of as an accomplice to this person with my knowledge?

    2) If we decide to take our relationship to the next level, how much in the way of fines would they be looking at?

    3)Is it harder/impossible to get married w/someone here illegaly?

    Thanks,
    M

    Comment


    • #3
      Mateo, if you get married with a person who legally entered the US with a valid visa and inspection and she overstayed there is no problem for you (or her) in her process of Adjustment of Status.There is no fine to pay, and is not harder if indeed she entered with a valid visa.Is better to hire an immigration specialist to handle the case after you get married.

      All the best!

      www.USImmigratinForAll.com
      vizeusa@yahoo.com
      Frank G. Becker & Associates
      www.USImmigrationForAll.com

      Comment


      • #4
        Hmmm..Okay Thanks! This is all kind of new to me. She was orig. on a 5 yr I-94 visa, and from what I think believe she's over by almost 5 years. She was the one that led me to believe that she would be fined in the long run, so you say that wouldn't be the case huh? Would she not run the risk, of when she would "come out", of getting deported, or any other effects of her overstay? Like you mentioned, she did enter legally years back, but for some reason, did not return to her country for another visa, which i guess is running a risk of not being able to get another extension, and come back to the US?

        Comment


        • #5
          Mateo,
          listen carefully mate....its very simple......your girlfriend is illegal and should be basically kicked back to her country of origin.........BUT the law is what it is......if she entered this country LEGALLY via a valid visa then her illegal presence is automatically "forgiven" if she marries a US citizen.....ie you. However, just getting married isn't enough. She would still be considered illegal until the USCIS gets and acknowledges the adjustment of status application.

          Finally if she was to leave the country even for a few hours or days while her adjustment of status application is pending, then she leaves herself open to being banned for 10 years.

          Comment


          • #6
            Paddy...Thanks very much for the insightful point of view...Mate.

            Comment


            • #7
              i think ur chances are pretty much good compared to marrying an illegal alien altogether. i can say here i know a couple married one is citizen and one is not. wasnt even permited in the us legally. so theyre happy and together so i hav good faith in yur situation. just mine is very bad have a good life.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mateo:
                Hello,
                I'm presently dating someone who is here on a expired visa. This person is over their limit by approximately 5 years. I was wondering if anyone can answer some dumb questions.
                1) Can I be somehow thought of as an accomplice to this person with my knowledge?

                2) If we decide to take our relationship to the next level, how much in the way of fines would they be looking at?

                3)Is it harder/impossible to get married w/someone here illegaly?

                Thanks,
                M </div></BLOCKQUOTE>
                I am assuming you are a US Citizen. If you are and the two of you married while in the US, you can adjust her status by filing form I-130, I-485, and all other appropiate forms. You may file form I-131, Advance Parole, while the application is in process, but she may be denied entry because of her overstay, a ban of 10 years. Nevertheless, she can file a waiver at the US Consulate to remove that ban. Go to USCIS website for more info. If you are a LPR, then you can only file her as a spouse; however, it will be difficult to adjust her status. She will simply have to return to her country of origin, file the waiver at the US Embassy or Consulate, and hopefully be approved with a fine. Hope this helps.
                "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

                Comment


                • #9
                  The advice posted here is correct if you are a US citizen. Her overstay is forgiven, as is any unauthorized work. Remember, however, she is at risk of removal (albeit small risk) until her conditional permanent residency is approved, usually at the interview. If you are here in Los Angeles, expect the interview in about 6-8 months. If you have questions, visit us at www.byrdimmigration.com or call at 323-935-4567.

                  Regards,

                  Kenneth Byrd, Esq.

                  Comment


                  • #10
                    Thanks everyone for the posts....Yes, I am a citizen, however the acronym...LPR? What is that?
                    Thx,
                    M

                    Comment

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