Citizenship Interview

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salinachka

Registered Users (C)
IM living with my boyfriend almost 5 years , and he is not ilegal in US, he come with visa but overstayed alot of years so we only have one option is to get him legal trought me to become a us citizen, so i applied and im going to interview on NOV 16 2006
in like 3 weeks..i need help plz ,,what do we have to do next after i get my citizenship so he could become legal???? thnkaz
 
Frist thing I work on is marriage.Dont know if you can sponsor boyfriend.I would also look into fiance visa so he can gets things rolling fast.
 
You will not be able to apply for him even if you should marry him. He would need to live the US and then come in as your husband or "husband to be". At this time, he cannot apply based on a marriage to you because he is "out of status" and his visa cannot "grandfather" him.

If you applied while his visa was still valid (even if it had been one day before expiration); he would have been okay. Sorry, your plan should start with you getting your citizenship, then you travel to his country with him and then you come back and apply through K visa category and he would come over after it has been processed.

Only US citizens can apply using the K category for their fiancee and it takes about 6 months or so.
 
You will not be able to apply for him even if you should marry him. He would need to live the US and then come in as your husband or "husband to be". At this time, he cannot apply based on a marriage to you because he is "out of status" and his visa cannot "grandfather" him.

That is not true. He can apply if he had entered the U.S. legally in the first place. Even if the visa is no longer valid, his overstay will be forgiven.

If you applied while his visa was still valid (even if it had been one day before expiration); he would have been okay. Sorry, your plan should start with you getting your citizenship, then you travel to his country with him and then you come back and apply through K visa category and he would come over after it has been processed.

Why would she travel to his country with him? She can petition for K-1 while she's in U.S.

Only US citizens can apply using the K category for their fiancee and it takes about 6 months or so.

That is true. But like I said before, there's no need to go that far. Once you get your citizenship, go to a good immigration attorney and consult him about the matter. You should be able to marry your boyfriend while in U.S. and then apply for his AOS. However, attorney is a must.
My friend had overstayed her tourist visa for 3 years. Than she married her American boyfriend and applied to change her status. Although they had pretty rough interview, the status was granted.
 
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Here:

"Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively)."
 
citizenship

hello everyone thnakz all for your opinions and help,, umm my boyfriends is still living with me , he is in us now, he haven left the country from the day he come to us,,and he come to us by visa but overstayed almost 4 years,,what i do so he could become legal here in us ? do i get marry to him after my interview??? then file some kind of application>?

thankz all
 
Salinachka,
Like I said before, first you get the naturalization certificate, then you go to an attorney... Than you marry your boyfriend and apply with I-485 form. However, before you do that, consult a lawyer!! Your case is a little different from all the others since your boyfriend is overstayed for almost 4 years.
But again,his overstay will be forgiven when you apply for his AOS.
One more thing: a lot of people on this forum will give you advices regarding your issue, but the only advice you need at this point is a legal one, from a certified professional, so don't do anything before you talk to an attorney.
p.s. my previous post wasn't an opinion, it was a quotation from USCIS website.
 
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