Marriage and status change?
#1
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I am about to marry a girl who is out of status for about 3 months. She came here
legaly on a visitors B visa. We met 9 months ago, which was 3 months after she came
to the US from Poland.
I am a US citizen.
Will we have any legal problems in adjusting her status? Should we get a lawyer?
Thanks in advance for any advice.
legaly on a visitors B visa. We met 9 months ago, which was 3 months after she came
to the US from Poland.
I am a US citizen.
Will we have any legal problems in adjusting her status? Should we get a lawyer?
Thanks in advance for any advice.
#2
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Read this website - the section called Tourist Adjustment
http://www.mindspring.com/~docsteen/...o/visainfo.htm it will have all the
details you need about adjusting status from a B 2 visa. Also this site - is a step
by step information on filing what you will need.
http://www.geocities.com/immigration_helpsite/index.htm You should file the
I-130/I-485 paperwork (see details on the above sites) at your local INS office as
soon as you can after you are married, then your new wife will have status to remain
in the US. Overstays are forgiven to spouses of US citizens, so she will be able to
adjust status to a Permanent Resident. One note - you should NOT apply for Advance
Parole (travel authorization). She cannot leave the US until she receives her Green
Card or she will incur a 3/10 year ban from reentering. Take Care. Shelley
"Paul Marzec" <[email protected]> wrote in message
news:[email protected]...
> I am about to marry a girl who is out of status for about 3 months. She came here
> legaly on a visitors B visa. We met 9 months ago, which was 3 months after she came
> to the US from Poland.
>
> I am a US citizen.
>
> Will we have any legal problems in adjusting her status? Should we get a lawyer?
>
> Thanks in advance for any advice.
http://www.mindspring.com/~docsteen/...o/visainfo.htm it will have all the
details you need about adjusting status from a B 2 visa. Also this site - is a step
by step information on filing what you will need.
http://www.geocities.com/immigration_helpsite/index.htm You should file the
I-130/I-485 paperwork (see details on the above sites) at your local INS office as
soon as you can after you are married, then your new wife will have status to remain
in the US. Overstays are forgiven to spouses of US citizens, so she will be able to
adjust status to a Permanent Resident. One note - you should NOT apply for Advance
Parole (travel authorization). She cannot leave the US until she receives her Green
Card or she will incur a 3/10 year ban from reentering. Take Care. Shelley
"Paul Marzec" <[email protected]> wrote in message
news:[email protected]...
> I am about to marry a girl who is out of status for about 3 months. She came here
> legaly on a visitors B visa. We met 9 months ago, which was 3 months after she came
> to the US from Poland.
>
> I am a US citizen.
>
> Will we have any legal problems in adjusting her status? Should we get a lawyer?
>
> Thanks in advance for any advice.
#3
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Paul Marzec wrote:
> I am about to marry a girl who is out of status for about 3 months. She came here
> legaly on a visitors B visa. We met 9 months ago, which was 3 months after she came
> to the US from Poland.
Are you sure on the numbers? Did she have an extension? Normally a visa is good for 6
months, although it could be much less depending on what INS writes on the I-94 when
you enter.
There can be problems if out of status for more than 180 days.
This is VERY important, because if something happens and she doesn't adjust status,
she could be deported and banned.
There could also be problems depending on if she committed fraud to obtain the
visa or enter the country. If there is any question if she made a "clean" entry
and if her overstay is 180 days or less, she should leave and pursue the visa from
outside the US.
> I am about to marry a girl who is out of status for about 3 months. She came here
> legaly on a visitors B visa. We met 9 months ago, which was 3 months after she came
> to the US from Poland.
Are you sure on the numbers? Did she have an extension? Normally a visa is good for 6
months, although it could be much less depending on what INS writes on the I-94 when
you enter.
There can be problems if out of status for more than 180 days.
This is VERY important, because if something happens and she doesn't adjust status,
she could be deported and banned.
There could also be problems depending on if she committed fraud to obtain the
visa or enter the country. If there is any question if she made a "clean" entry
and if her overstay is 180 days or less, she should leave and pursue the visa from
outside the US.