Filing I-140 and I-485 for illigal spouse

V

vladicak

New Member
Currently, I am waiting to get a labor certification as first step in obtaining GC.
Very soon I want to marry girl who is now in the U.S. illigaly. I don't know can I file for her when I file for myself or I have to wait until I get GC.
If anyone had similar experiance or somehow knows answer please let me know.

Thanks in advance.
 
Simple, you can't include her in your GC process if she is staying here illegally. First think of making her enter this country legally. She should leave this country and re enter freshly based on your marriage to her. Get married outside this country.
 
Seek professional legal advice

Vladicak,

For something as serious as this, you definitely need to seek professional legal advice. To say someone is here "illegally" can have a lot of different meanings. If your fiance leaves the country under certain situations, she might be affected by the three-year or ten-year bans for re-entering the country, so you shouldn't take a risk like that without understanding all the possible consequences.
 
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