Please help me decide what to do in my current situation.

tmitim

Registered Users (C)
I have AS8 green card, and my girl friend is a illegal immigrant, but she somehow got a passport in New York. Right now she is pregnant. My friend told me to marry her in city hall, so that my baby will have benefits. I don't know whether city hall will give us any trouble if she show up as illegal immigrant. We live in San Francisco by the way.

Also, what's the best way to help her get her green card? My friends give me some sugestions as below:

option 1: Apply right now, but it will take a long time.

option 2: Get married first, wait until next year I become a citizen, then apply for her, it will be faster.

Which way should I go, and are there any method better than this?
 
Get our citizenship first and then file papers for her. A child born in the US is a citizen, so they should get benefits.. esp in California.
 
She came here illegally, I mean in an illegal way, which means......

I heard that I need marry her first, otherwise the child will hardly get any benefit. Is this right?
 
Refer back to myredskins's comments

She came here illegally, I mean in an illegal way, which means......

I heard that I need marry her first, otherwise the child will hardly get any benefit. Is this right?

May be you missed it. myredskins just told you that the kid born in US is called "Natural Born Citizen" so he/she should be entitled to all benifits. It will be wise for you to be married at the time your new born comes into this world. Even if she is not in the picture when it comes to the paperwork, you will be able to fill out the reqd documents. I understand that this seems like a complicated situation but it should be workable.

Another thing, apply for her I-130 ASAP. This way when you become a citizen next year, that I-130 will still be cooking in the back burner. Looking at current circumstances, God knows how long it will take for one to be naturalized so play safe and after you 2 get married please apply for her I-130to atleast get the paperwork started and ball rolling.
 
May be you missed it. myredskins just told you that the kid born in US is called "Natural Born Citizen" so he/she should be entitled to all benifits. It will be wise for you to be married at the time your new born comes into this world. Even if she is not in the picture when it comes to the paperwork, you will be able to fill out the reqd documents. I understand that this seems like a complicated situation but it should be workable.

Another thing, apply for her I-130 ASAP. This way when you become a citizen next year, that I-130 will still be cooking in the back burner. Looking at current circumstances, God knows how long it will take for one to be naturalized so play safe and after you 2 get married please apply for her I-130to atleast get the paperwork started and ball rolling.

I am agree with your comment, get married, then apply for I-130. That's how my wife did it for me. Godd luck! and congrats for the baby!
 
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Filing I-130 for somebody who entered illegally at this time would not provide her with any immigration benefits... She will either have to do the waiver (abroad) or continue her illegal life.
 
Filing I-130 for somebody who entered illegally at this time would not provide her with any immigration benefits... She will either have to do the waiver (abroad) or continue her illegal life.

Dont file for I-130 untill you are a citizen. You can marry her as the child will have a legal father in case something to go wrong and you will get custody, but dont file for I-130 now. If you do and indicate that she was here illegally, she might get deported. It happened to one of my collegue. Her husband was illegal and living here for many years. They were married and all....Nothing happened until she decided to apply for his GC and thats where Immi official got their hands on him and deported him....I am not lawyer and this is not legal advise so take my advise at your own risk.
 
I think in this situation is better that the OP get a lawyer and check out with his lawyer what can be done. Period. In this situation pay a lawyer services because EACH case is different and we don't know the entire tricky cricky of your case.

If not I will se ourselves in this discussion...like...over and over again...back to the same discussion...like...over and over again...back to the same discussion...like...over...hehe :)
 
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