nandogm

Hi,

I've had my green card since 1992, and have been living in the US ever since.
Two years ago I met this girl from venezuela, we started going out, and now we're going to tie the knot.
She told me about 1 year ago that she has overstayed her I-94. She has a tourist visa that is still valid, however her I-94 has expired 6 months after she entered the US.

Now my question is:
I know that the process to adjust her status is faster If I am a citizen, right ?
So, what should I do ? Apply for my citizenship, then get married and apply for her green card.

OR

could I just marry her now, start the process to adjust her status, apply for my citizenship and then I guess let INS know that I am now a citizen ?

Because I was thinking that since it is election year, I could contact my congress man and ask him to help me so I could vote on the next elections. I mean, It may sound nonsense, but I am just trying to think of ways to make the whole thing faster.

Of course, just like everyone else here, I want the quickest way for her to get her green card. Actually, I want her to be able to get a SS#, go to college, get a driver's license, etc...

So, how should we do it ?

DCMark

Not sure of your best path by the notion that your congressman will help you get citizenship quicker so you can vote for him is not going to work.

nandogm

I didnt say I was going to ask him to help me so I would vote for him. All I said is: it is election year, they want votes, if I become a citizen in time, I will be able to vote, and that's what they want, people voting.

DCMark

So what do you think he is going to do, call up the BCIS and put you in front of the line because you want to vote? Do you have any idea how the citizenship process works? I doubt you are the only person who wants citizenship in order to vote.

Your girlfriend should not leave the country due to her overstay by the way. If she leaves, you are looking at a 3 or 10 year ban.

nandogm

I was just looking at every possible way.......ok fine, thank you, they won't be able to help me. That's totally fine.

I know she can't leave the country, but tmy question was how should we do it ?
Should we apply for my citizenship and then get married ?
or
can we get married now and apply for AOS, EAD, AP, etc...and then when I become a citizen I change the applications...I don't know if it would work, I am looking for advice.

I know the whole thing until she has her green card will take few years, that's why I was looking to every possible way to shorten this time.

Ray

You cannot do anything until you are a citizen..get that underway !

Bluegrass Lass

As a GC holder, your fiancee will not be placed into the 'immediate' category for purposes of adjusting status. You could apply now as a PR, and then once you attain citizenship, you can send USCIS notification of such and have her application moved into the priority category. Or you could attain citizenship first, then apply for her adjustment of status. Sounds like you are already aware of this. As for which is faster, not sure. However, I do remember coming across a few couples who had a problem changing from the non-immediate to immedicate categories because USCIS never matched up the citizenship paperwork with the original application. Not sure if that happens very often though. Speed of the whole thing will be very much dependent on how long it takes you to be naturalized. I think some service centers are taking upwards of a year or more.

Personally, I think I'd get citizenship first, then send in her adjustment of status petition that way you send everything for her petition in at the same time.

DCMark

Is your fiancee currently working in the US?

Mrtravelkay

nandogm wrote:

    > Hi,
    >
    > I've had my green card since 1992, and have been living in the US
    > ever since.
    > Two years ago I met this girl from venezuela, we started
    > going out, and now we're going to tie the knot.
    > She told me about 1 year
    > ago that she has overstayed her I-94. She has a tourist visa that is
    > still valid, however her I-94 has expired 6 months after she entered the
    > US.
    >
    > Now my question is:
    > I know that the process to adjust her status is
    > faster If I am a citizen, right ?
    > So, what should I do ? Apply for my
    > citizenship, then get married and apply for her green card.

Not only is the process faster if you are a citizen (by about 5 or so
years), but they are also more likely to forgive the overstay if you are
a citizen. BTW, with the overstay, I don't think the visa is still
valid. It appears that she has a long overstay. Is that all, or did she
also use fraudulent documents to work and sign an I-9 indicating she
could legally work in the US?

Whatever you decide, you should get an attorney.

Mrtravelkay

DCMark wrote:

    > Is your fiancee currently working in the US?
    >

Of course not, she only came in on a B-2.