Question: Green card holder wants to marry an illegal alien
Oct 22nd 2002, 7:25 am
#1
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Joined: Oct 2002
Posts: 2
Question: Green card holder wants to marry an illegal alien
Hi, I met my girlfriend eight months ago. She is currently illegal in the USA. She originally entered in US couple of years ago on finance VISA. Due to some issues she broke up with her fiancé. Her visa expired last year. I am a green card holder in the US. We want to get married. Can we get married while she is here in the US as illegal alien? Does she have to leave the USA first? What should we do? Thank you very much.
Oct 22nd 2002, 12:58 pm
#2
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Re: Question: Green card holder wants to marry an illegal alien
Problem #1: She can only adjust status based on marriage to the person who
filed the I-129F for her. Bummer because now she's out of status and would
have to leave the US which will give her a 10 year ban on re-entering.
Problem #2: You are a GC holder so, although you could sponsor her, a visa
wouldn't become available for 5 years or more. That's actually not really an
issue if she can't re-enter the US for ten years anyway. It's possible that
she could get a waiver for that 10 year ban - her chances would be better if
you were a US citizen though.
Andy.
--
I'm not really here - it's just your warped imagination.
"Naseem" wrote in message
news:451086.1035271510@britishexpats-
.com...
> Hi, I met my girlfriend eight months ago. She is currently illegal in
> the USA. She originally entered in US couple of years ago on finance
> VISA. Due to some issues she broke up with her fiancé. Her visa expired
> last year. I am a green card holder in the US. We want to get married.
> Can we get married while she is here in the US as illegal alien? Does
> she have to leave the USA first? What should we do? Thank you very much.
> --
filed the I-129F for her. Bummer because now she's out of status and would
have to leave the US which will give her a 10 year ban on re-entering.
Problem #2: You are a GC holder so, although you could sponsor her, a visa
wouldn't become available for 5 years or more. That's actually not really an
issue if she can't re-enter the US for ten years anyway. It's possible that
she could get a waiver for that 10 year ban - her chances would be better if
you were a US citizen though.
Andy.
--
I'm not really here - it's just your warped imagination.
"Naseem" wrote in message
news:451086.1035271510@britishexpats-
.com...
> Hi, I met my girlfriend eight months ago. She is currently illegal in
> the USA. She originally entered in US couple of years ago on finance
> VISA. Due to some issues she broke up with her fiancé. Her visa expired
> last year. I am a green card holder in the US. We want to get married.
> Can we get married while she is here in the US as illegal alien? Does
> she have to leave the USA first? What should we do? Thank you very much.
> --
Oct 22nd 2002, 7:24 pm
#3
Guest
Posts: n/a
Re: Question: Green card holder wants to marry an illegal alien
> Hi, I met my girlfriend eight months ago. She is currently illegal in
> the USA. She originally entered in US couple of years ago on finance
> VISA. Due to some issues she broke up with her fiancé. Her visa expired
> last year. I am a green card holder in the US. We want to get married.
> Can we get married while she is here in the US as illegal alien? Does
> she have to leave the USA first? What should we do? Thank you very much.
Assuming she never married her fiance before breaking up, she is
permanently ineligible for adjustment of status. Also, since it has
been more than a year since her K1 visa expired, if she departs the
U.S. she is voluntary deported for 10 years.
You can marry her, but you are marrying an illegal entrant and
immigration violator and you won't be able to legalize her. If you do
marry her, it also could have an effect on your own ability to
naturalize one day.
I'd say, if you do want to still marry her, the best plan would be to
immigrate together to one of your home countries or to another
country.
CP
> the USA. She originally entered in US couple of years ago on finance
> VISA. Due to some issues she broke up with her fiancé. Her visa expired
> last year. I am a green card holder in the US. We want to get married.
> Can we get married while she is here in the US as illegal alien? Does
> she have to leave the USA first? What should we do? Thank you very much.
Assuming she never married her fiance before breaking up, she is
permanently ineligible for adjustment of status. Also, since it has
been more than a year since her K1 visa expired, if she departs the
U.S. she is voluntary deported for 10 years.
You can marry her, but you are marrying an illegal entrant and
immigration violator and you won't be able to legalize her. If you do
marry her, it also could have an effect on your own ability to
naturalize one day.
I'd say, if you do want to still marry her, the best plan would be to
immigrate together to one of your home countries or to another
country.
CP
