GC file I-130 for overstayed F-1

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hakigo

Registered Users (C)
I posted at some other threads. but i think i better start with more details and honest about my case so i can get really help and better ideas.

I will get GC probably April. I have a interview next month.
I am trying to make my future plan with my girlfriend. yes,,,unfortunality, I met a F-1 student and I love her. I know we have to go though hard way. I have been waited for 10 years to get GC. that is pain!!!!!

She is no longer F-1 student now just overstayed.....illegal staying.
(She has been here for 17 years as F-1 visa. She is now 29years old. Can she get something special GC though spending lots of money here???? just thought...)
We are both Korean.

here is several plans.....

1. File her I-130 asap after I get GC. Wait 4 years to approved.
File her I-485. so it takes more than 5years to be done.
Can i even file her I-130? because she is now overstayed.

She cant go to visit her country?
What if she give a birth?
Isn't she getting something temporary visa so she can visit her country?

2. Since She can not visit her country with #1.
After 5years, I get citizenship, I file her I-130. It will take a year.
so it takes just same time with #1.

During 5years,

2a.
She get E-2 visa. (no problem with money.) any other visa suggest?
She can go to visit her country.
What if she give a birth?
Do we need to hide that we marrid during 5 years?
2b.
Just stay here illegaly.


How do you think about my plan?????
Any idea and suggetion will be great.
Thank you for reading my thread.
 
She cannot file I130 with your GC because she's overstayed, however, when you have your citizenship and you two get married, she then can file I130 because overstayed is forgiven if you married USC.

So you don't really have option 1.

She cannot go out of this country if she already overstays, that would trigger 10 years banned assuming she's been overstayed for over 180 days.

So the best bet is wait until you get your citizenship. You can still marry her which actually will help her that way when she apply for GC, she will automatically get permanent GC not conditional.

I hope that helps.
 
amishah said:
She will be married to him for more than 2 years and that is why she will get a permanent GC.
Click to expand...
That's what I wanted to know. It's the timescale.
I wasn't sure if mikew151 meant something else, that's why I asked
 
She has been here for 17 years as F-1 visa. She is now 29years old. Can she get something special GC though spending lots of money here???? just thought...)


SO is there anyway she can get GC or something?
I read paper about that a long time ago.
It was like that someone has been here since 12years old.
stayed as F-1 visa so long like 20 years. Of couse spent tons of money and went to court somehow. and got GC.

any idea?
 
I don't think there is such a thing that stay here long will qualify you for the GC. It a myth; if you want to call it that way. A lot of people abroad or foreigner have the idea that if they stay here in US long enough, they would get GC.

Yes it's not a myth if she's been here since 1972. Check this link for more info http://uscis.gov/graphics/howdoi/registry.htm

I might be wrong so I hope someone in this forum can help
 
i didnt mean that just stay long here, i meant she went to middle, high school and college with F-1 visa which mean she spent lots of money and time.
What i read about is that someone like her had some visa or GC.
 
i didnt mean that just stay long here, i meant she went to middle, high school and college with F-1 visa which mean she spent lots of money and time.
What i read about is that someone like her had some visa or GC.
 
i didnt mean that just stay long here, i meant she went to middle, high school and college with F-1 visa which mean she spent lots of money and time.
What i read about is that someone like her had some visa or GC.
 
i didnt mean that just stay long here, i meant she went to middle, high school and college with F-1 visa which mean she spent lots of money and time.
What i read about is that someone like her had some visa or GC.
 
i didnt mean that just stay long here, i meant she went to middle, high school and college with F-1 visa which mean she spent lots of money and time.
What i read about is that someone like her had some visa or GC.
 
i didnt mean that just stay long here, i meant she went to middle, high school and college with F-1 visa which mean she spent lots of money and time.
What i read about is that someone like her had some visa or GC.
 
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