Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Marrying to a US citizen.

Wikiposts

Marrying to a US citizen.

Thread Tools
 
Old Jul 3rd 2005, 6:00 am
  #1  
Just Joined
Thread Starter
 
Joined: Nov 2002
Posts: 24
sukhan is an unknown quantity at this point
Default Marrying to a US citizen.

A friend of mine needs your time. here is a brief description of his case:
He came to US in 1991 on student visa. Did his BS in computer science and
then he didn't get the H1 from any company to work here. Since then he is
out of status. I believe he is out of status since 2000. Though he
is doing good jobs here in IT and getting good pay. He is paying the taxes
and everything. He didn't went for the registration. So he never got
registered with USCIS. Now he is getting married to a US citizen but a
Pakistani Girl. This marriage will be real not like the one that people used
to do it here.
The questions are:
1) Will his status can be sorted out?.
2) What is the whole procedure and any approximate timeline for the case to
be finalized.
3) In any scenario should he has to leave the country or not.

Thanks a lot for all your time and help.
sukhan is offline  
Old Jul 3rd 2005, 6:42 am
  #2  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Marrying to a US citizen.

Originally Posted by sukhan
A friend of mine needs your time. here is a brief description of his case:
He came to US in 1991 on student visa. Did his BS in computer science and
then he didn't get the H1 from any company to work here. Since then he is
out of status. I believe he is out of status since 2000. Though he
is doing good jobs here in IT and getting good pay. He is paying the taxes
and everything. He didn't went for the registration. So he never got
registered with USCIS. Now he is getting married to a US citizen but a
Pakistani Girl. This marriage will be real not like the one that people used
to do it here.
The questions are:
1) Will his status can be sorted out?.
2) What is the whole procedure and any approximate timeline for the case to
be finalized.
3) In any scenario should he has to leave the country or not.

Thanks a lot for all your time and help.
Hi sukhan,

As long as your friend is marrying a USC, he shouldn't have any problems with the overstay. Just curious how he's working, though...since his student visa expired and he doesn't have a work visa...I guess he's been working illegally all these years? I'm hoping that won't be an issue at the interview. He shouldn't leave the USA at all until he has his green card....it's unlikely he'd be able to return to the USA with that long of an overstay involved. The timeline depends on where they live. Some places have a short backlog, and it only takes 6 months or so for adjudication, some places like New York have a 2-year waiting time. Where does he live?

Best Wishes,
Rene
p.s. - it doesn't matter that the girl is of Pakistani heritage, as long as she is a USC.
Noorah101 is online now  
Old Jul 4th 2005, 5:16 am
  #3  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Marrying to a US citizen.

Originally Posted by Retire to Italy
Sukan

It will just take time probably years and non usc would be well advised
not to leave our soil was the case in a " pending " category.

Good luck

Julia
It will not necessarily take "years". It depends on the backlog at their local office. However, it is true that the applicant should not leave the USA until green card is in hand.

Rene
Noorah101 is online now  
Old Jul 4th 2005, 11:55 am
  #4  
Just Joined
Thread Starter
 
Joined: Nov 2002
Posts: 24
sukhan is an unknown quantity at this point
Default Re: Marrying to a US citizen.

I am just concerned that he didnt went for the registration in 2003 so what will happen. Will his status be sorted out?.
sukhan is offline  
Old Jul 4th 2005, 12:04 pm
  #5  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Marrying to a US citizen.

Originally Posted by sukhan
I am just concerned that he didnt went for the registration in 2003 so what will happen. Will his status be sorted out?.
Once he is married to a USC, his overstay will most likely be forgiven by USCIS.

Rene
Noorah101 is online now  
Old Jul 4th 2005, 12:15 pm
  #6  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Marrying to a US citizen.

Originally Posted by sukhan
A friend of mine needs your time. here is a brief description of his case:
He came to US in 1991 on student visa. Did his BS in computer science and
then he didn't get the H1 from any company to work here. Since then he is
out of status. I believe he is out of status since 2000. Though he
is doing good jobs here in IT and getting good pay. He is paying the taxes
and everything. He didn't went for the registration. So he never got
registered with USCIS. Now he is getting married to a US citizen but a
Pakistani Girl. This marriage will be real not like the one that people used
to do it here.
The questions are:
1) Will his status can be sorted out?.
2) What is the whole procedure and any approximate timeline for the case to
be finalized.
3) In any scenario should he has to leave the country or not.

Thanks a lot for all your time and help.
Hi:

He should see an attorney about the failure to comply with NSEERS which you imply was applicable to him. That is the problem here. Let me put it this way, this attorney would consult with colleagues specializing in NSEERS issues before going forward.

Good luck.
Folinskyinla is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.