Am I crazy? What is this process? Do I marry her?

B

bizmord

New Member
Hi there,

Dating a girl that is here illegally. Wondering what the entire process will be if I marry her. Some say it takes 5 years before you can officially split up (if you need to), some say you only need 2 years for her to get her papers and be a citizen even if we divorce.

Just a bit worried that she may take advantage of me.

If I sign a prenuptial .... am I covered? I want to marry this girl but just want to be safe and fully understand the entire process of naturalization via marriage.

please help.
 
She can only get a legal status here if she legally entered the US and overstayed, absence of a legal entry would earn her a 10 year ban from US depending upon the duration of the overstay. Getting married to a US Citizen cannot overcome that stipulation.
 
Run away! There is NO prenup option for sponsoring an immigrant. Also, when you say she is illegal, be precise....did she enter with a visa and overstay OR did she swim the Rio Grande in the night? AND when exactly did she enter and did anyone ever file anything for her before and when and what was it? It makes a difference.

You already suspect she only wants a greencard, that is bad enough BUT if you have doubts already beware of VAWA!!!!!

All she needs to do is sucker you into marriage, have a loud arguement bad enough to get the neighbors to call the cops, charge you falsely with abuse. THEN she can dump you and claim "protection" as a "victim of YOUR abuse".

All she needs to do is stomache you long enough to get the conditional greencard. In order for her to get that far, YOU have to sign a legally binding contraqct to financially support her. After she falsely accusses you of being a wife-beater, you are stuck financially supporting her for life OR until she naturalizes as a citizen OR works for 10 years OR dies OR gets deported OR voluntarily abandons the United States greencard.

That contract is the form I-864. Go to www.uscis.gov and read up on these things!
 
She actually entered U.S. Legally with a visa about 10 years ago. Her status expired 8 years ago. She has though been paying taxes by somehow filing some papers. I do want to marry her but I am just a bit cautious.

How long does one has to stay married for her to actually become legal here?

Also ... why can't we have a prenuptial agreement when getting married???


thank you.
 
That doesn't ends there, once she accuses you of "ABUSE", she can still get a Green Card thru VAWA act even if you have not filled up any immigration papers for her AND get a restraining order kicking you out of your own house or business.
There is a large number of innocent US citizens that were taken advantage by of by women and lost everything including their dignity in their community after being labelled as a wife beater.
 
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Well if all she wants is a Green card, she can even self sponsor herself to GC without you signing anything thru VAWA act claiming abuse so don't think that she can't get legal if you get married and do not file anything for her for a little while.
On the alternative you can file for her the very next day of your marriage on your own.
 
Now that you are sufficientlt frightened......

Waht's the rest of the story?

How long have you known each other? How well?

WHO brought up marraige? Who brought up the immigration issue? Have either of you got prior marriages? Has she got any immigration issues like priot petitions or scam marriages or Immigration Court Proceedings in her past?

If you are an LPR rather than a USC, she cannot get a greencard without leaving the U.S. for 10 years first UNLESS she goes through a claim of abuse.
 
all those questions I do have answers to. My question is .... how long till she doesn't need me to become a citizen. Also ... what's the process? I hear these guys show up suddenly at your house to check up on you. They want to know what your wife was wearing today. What does this entire process look like?

thank you.
 
Under the normal "happy" flow, it will take about 2.5 years for her to have a green card that is not dependent on being married to you.

After successfully completing the formalities (about 3-6 months of paperwork processing followed by an interview or two), initially she will get a 2-year conditional green card. When that card is about to expire, she would need to apply to extend it, and you are expected to sign the application and provide evidence that you're still together. That process would take you to about the 2.5 year mark. At that point, she gets a 10-year unconditional card and is free to divorce you without losing it (note that this 10 year green card is not equal to citizenship, although it would allow her to remain in the US permanently).

But there are other not-so-smooth paths that may allow her to keep her green card without staying married that long. There is VAWA as others have mentioned. Without VAWA, she can still apply for a waiver if she divorces before obtaining the 10-year card. There is no guarantee of her VAWA or divorce waiver being approved, as it involves lots of discretion when the authorities evaluate the evidence, but if she's good enough at lying she can successfully get it.

They may send agents to show up for a surprise visit at any time before she gets the 10-year card. However, that usually doesn't happen unless there is a red flag (but I smell red flags already, the way you're so apprehensive about her using you).
 
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Also you might wanna take a look at the I-864 which is the Affidavit of support specially the part 8 Sponsor Contract before you make any decision. Hope it helps.
 
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