Can we get married?

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Old Nov 25th 2003, 9:06 pm
  #1  
Ivana
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Default Can we get married?

United States citizen wants to marry an international spouse who is
already in the United States on valid B-2 visa, but with currently
well expired I-94. If it's possible at all, which visas and waivers
will we have to deal with? Thank you all beforehand for your time.
 
Old Nov 25th 2003, 9:24 pm
  #2  
Jozef
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Default Re: Can we get married?

"Ivana" <[email protected]> wrote in message
news:[email protected]...
    > United States citizen wants to marry an international spouse who is
    > already in the United States on valid B-2 visa, but with currently
    > well expired I-94.

She is out of status and in addition accruing 'unlawful presence' towards
the 3/10 year bars.

    > If it's possible at all, which visas and waivers
    > will we have to deal with?

Once she gets married to a USC her husband can sponsor a Green Card for her
and the period that she was out of status will be forgiven. Also, the 3/10
year bars do not apply to Permanent Residents.
 
Old Nov 26th 2003, 6:08 am
  #3  
Ivana
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Default Re: Can we get married?

    > She is out of status and in addition accruing 'unlawful presence' towards
    > the 3/10 year bars.


3/10 year bars - what exactly is that refering to?
 
Old Nov 26th 2003, 6:40 am
  #4  
Jozef
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Default Re: Can we get married?

"Ivana" <[email protected]> wrote in message
news:[email protected]...
    > > She is out of status and in addition accruing 'unlawful presence'
towards
    > > the 3/10 year bars.
    > 3/10 year bars - what exactly is that refering to?

Leaving the US after accruing 180 days of unlawful presence makes you
inadmissible for 3 years. Accruing a year or more of UP results in a 10 year
bar.
 
Old Nov 26th 2003, 5:55 pm
  #5  
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Posts: 179
SanBernardino is an unknown quantity at this point
Default Re: Can we get married?

The alien who overstayed shouldn't travel out of the country. Normally, adjustment applicants can use Advanced parole. In this case, the alien may not be readmitted and it could jeopardize the adjustment. You should do a search for "ap" or "advanced parole" and the 3/10 year bars.
SanBernardino is offline  
Old Nov 26th 2003, 7:09 pm
  #6  
Ivana
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Default Re: Can we get married?

So, if I understand well, there is nothing in the way of marriage....
We can either get married right away, or a year from now (and watch
our backs in the meantime), and it won't make any difference, once the
spouse is being illegal anyways?
Get married, and apply for a Green Card...no catch? Seems almost too
easy for how sneaky immigration can get :-)
BTW, is there any good web site that could lead us step by step
through what needs to be done once married?
(Thanks, Jozef)
 
Old Nov 26th 2003, 7:39 pm
  #7  
Jozef
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Default Re: Can we get married?

"Ivana" <[email protected]> wrote in message
news:[email protected]...
    > So, if I understand well, there is nothing in the way of marriage....

Right.

    > We can either get married right away, or a year from now (and watch
    > our backs in the meantime), and it won't make any difference, once the
    > spouse is being illegal anyways?

The only difference would be that once the future spouse accrues 180 days of
unlawful presence, he/she would not be able to leave the US without
triggering the 3 year bar, until the GC process is completed.

    > Get married, and apply for a Green Card...no catch? Seems almost too
    > easy for how sneaky immigration can get :-)
    > BTW, is there any good web site that could lead us step by step
    > through what needs to be done once married?

Post a message in the alt.visa.us.marriage-based newsgroup. That's where all
the marriage gurus hang out. Lots of helpful people there.
You can also access it via BritishExpats.com:
http://britishexpats.com/forum/forum...=30&forumid=35

Good luck!
 

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