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? about girlfriend's status
- Thread starter lukey
- Start date
class082004
Registered Users (C)
if
1) you are a citizen
2) she entered US on a valid visa and inspected by officer at port (in another word, she had a I-94 card)
3) you are married
then, you could apply for her Green Card, goto
http://uscis.gov/graphics/formsfee/forms/i-485.htm
It has detailed instruction on how to do it.
If (2) is untrue, i do not know anyway to do it.
1) you are a citizen
2) she entered US on a valid visa and inspected by officer at port (in another word, she had a I-94 card)
3) you are married
then, you could apply for her Green Card, goto
http://uscis.gov/graphics/formsfee/forms/i-485.htm
It has detailed instruction on how to do it.
If (2) is untrue, i do not know anyway to do it.
class082004
Registered Users (C)
by the way, if she is illegally here over 6 months, she is barred from reentry for 3 years. if over 1 year, she is barred for 10 years. If she leaves country and even if she has valid fiancee visa (K visa), she is subject to this 3-10 rule.
occasionally (maybe once every 5-10 years), BCIS allows you to pay $1000 penalty to waive condition (2). I am not familiar with this, just heard of.
occasionally (maybe once every 5-10 years), BCIS allows you to pay $1000 penalty to waive condition (2). I am not familiar with this, just heard of.
I am in the similar situation. I am researching what is the best option. Perhaps we can gather some info and share them here. Here is my background.
I married (back in 1999) to a Mexican lady after I got my GC back in Canada. Since she came to US (on business) in 2001, she stay with me in hope to get H1 or special visa for NAFTA countries (can't remember) without luck. Subsequently, she attempt to get a F-1 so we can stay together in US. But the F-1 visa was rejected.
While she is waiting for her F-1 approval, I filed the I-130 petition for her. Now, she is here without status since the denial of F-1 visa. And from what I can see, the I-130 will go nowhere for Mexican or >10 years (what a waste of one's life). We decided that it is best for her to stay cause she will never be able to visit me while I-130 is still pending --- waiting for a Visa number to become available.
Now, in 2004, I am ready to apply for citizenship (will go for my fingerprint in two weeks) and hope to get her status striaghten out once and for all. My concern is that even as a citizen, her I-130 and I-485 (when filed later) may still be denied due to her out-of-status issue.
Question: Is it best to stay and try from here first? OR go back to Mexico and go through the I-129F and K-3 process?
If you know of anyone who have been in this situation, please share with us. Thank you sooo much.
I married (back in 1999) to a Mexican lady after I got my GC back in Canada. Since she came to US (on business) in 2001, she stay with me in hope to get H1 or special visa for NAFTA countries (can't remember) without luck. Subsequently, she attempt to get a F-1 so we can stay together in US. But the F-1 visa was rejected.
While she is waiting for her F-1 approval, I filed the I-130 petition for her. Now, she is here without status since the denial of F-1 visa. And from what I can see, the I-130 will go nowhere for Mexican or >10 years (what a waste of one's life). We decided that it is best for her to stay cause she will never be able to visit me while I-130 is still pending --- waiting for a Visa number to become available.
Now, in 2004, I am ready to apply for citizenship (will go for my fingerprint in two weeks) and hope to get her status striaghten out once and for all. My concern is that even as a citizen, her I-130 and I-485 (when filed later) may still be denied due to her out-of-status issue.
Question: Is it best to stay and try from here first? OR go back to Mexico and go through the I-129F and K-3 process?
If you know of anyone who have been in this situation, please share with us. Thank you sooo much.
lukey - there might be a way
I think there is a way. I just did some reading and found that there is a supplement A for I-485. Take a look
http://uscis.gov/graphics/formsfee/forms/i-485supa.htm
It seems that these issues are address with this supplement. The fee is very high though....$1000. But, better than any other option.
Good luck.
I think there is a way. I just did some reading and found that there is a supplement A for I-485. Take a look
http://uscis.gov/graphics/formsfee/forms/i-485supa.htm
It seems that these issues are address with this supplement. The fee is very high though....$1000. But, better than any other option.
Good luck.
Lukey:
Also read the "inegibile" section of the following link. It is clear that she can still be adjust to legal status. I am hope for my wife as well.
http://uscis.gov/graphics/howdoi/LPReligibility.htm#k
Also read the "inegibile" section of the following link. It is clear that she can still be adjust to legal status. I am hope for my wife as well.
http://uscis.gov/graphics/howdoi/LPReligibility.htm#k
245(i)
From what I can see. If Lukey marry the lady in US first and then apply for her status change, she will be considered as "immediate family" and therefore except from the 245 ineligible category.
245(i) will apply if they are NOT married while apply for status change.
Jim, did I understand the law correctly?
From what I can see. If Lukey marry the lady in US first and then apply for her status change, she will be considered as "immediate family" and therefore except from the 245 ineligible category.
245(i) will apply if they are NOT married while apply for status change.
Jim, did I understand the law correctly?