getting married to a green card holder

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kristina87

Registered Users (C)
hello, i have question. im trying to get married with my fiance this fall, we have been together for 4 years, the problem is that im not a legall resident of US, i entered US legally but overstated my visa. and on top of that my fiance is going to apply for US citizenship only in june 2011, so my question is will it affect him getting his citizenship beeing married to me. thank you so much for ur help
 
It won't effect his eligibility, but you, until he gets his Citizenship will still have to watch out, because if you ever get caught it's gonna open a pandora box.
 
flycolor said:
What does the "pandora box" exactly refer to?
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He means that if she gets caught, as she is out of status, being married to a GC holder will not hold any bearing on stopping her being deported. The only way in which her status can be protected is by filing AOS based upon marriage to a USC (which will not be possible until he files for citizenship and it is granted- which going by the OP is going to be June 2011 at the earliest).
 
kristina87 said:
hello, i have question. im trying to get married with my fiance this fall, we have been together for 4 years, the problem is that im not a legall resident of US, i entered US legally but overstated my visa. and on top of that my fiance is going to apply for US citizenship only in june 2011, so my question is will it affect him getting his citizenship beeing married to me. thank you so much for ur help
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You'll be just fine after his citizenship. Just till then don't try to work or travel outside. I mean maintaining low frofile is advised. Your overstay won't be no issue while he'll apply for you at that time provided your entry to US was legal which you mentioned yes. It's a very simple process after his citizenship & you both can do it all by yourself. No need to waste money for an attorney.
I had similar issues with my spouse & did everything myself this year. All this took us only 4 months from the day to send application & spouse receiving her GC.
Having a GC as you mentioned he got is not much of a help but after he becomes citizen it's a whole different story. So just be patient & as I mentioned everything will be done before you even realize.
For further questions please feel free to PM me & I'll help u when needed.
Atique.
 
Atique.Rahman said:
You'll be just fine after his citizenship. Just till then don't try to work or travel outside. I mean maintaining low frofile is advised. Your overstay won't be no issue while he'll apply for you at that time provided your entry to US was legal which you mentioned yes. It's a very simple process after his citizenship & you both can do it all by yourself. No need to waste money for an attorney.
I had similar issues with my spouse & did everything myself this year. All this took us only 4 months from the day to send application & spouse receiving her GC.
Having a GC as you mentioned he got is not much of a help but after he becomes citizen it's a whole different story. So just be patient & as I mentioned everything will be done before you even realize.
For further questions please feel free to PM me & I'll help u when needed.
Atique.
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thanks so much for ur answer! well the problem is i read so many bad anss scary things about all that process, so im scared. i just wanted to know if im gna get married this fall and when he will have to put down my status will it be a problem for me in the future, like what if they will wana go after me...and btw after getting married in septmeber we were thinkin to apply for the Petition for Alien Relative (I 130) i know its gna take years but at least we tryed to do something you know...just let me know what u think...im just so nerves....
 
namecheckvictim said:
It won't effect his eligibility, but you, until he gets his Citizenship will still have to watch out, because if you ever get caught it's gonna open a pandora box.
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we also wanted to apply for Petition for Alien Relative (i 130) i know its not gna do anything but will it be any help in the future for me, as we tryed to do everything is possible...?
 
Jackolantern said:
Did it have the 2-year home residence requirement?
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im not sure ...and i dnt even know how to find out....all i have right now on my hands is I-94 form...and what does that 2 years rule means? what if i have it and what if i dnt? will i have more complications? thank you for ur answers
 
As long as you have your I-94 you will be able to prove you entered legally and all overstay will be forgiven when he becomes a US. Citizen and petitions for you BUT you cannot leave the country or you will get a 10 year ban. Same goes if you get deported. Just be careful and stay out of trouble.

Don't worry about crazy stories you hear/read they are few and not common. I too heard many from cousins/friends yet I have my interview in less then a week and the process was super simple.

When you do get married just slowly gather evidence like joint bank statements, credit card, bills, anything with both your names to prove you have a bonafide marriage. Good Luck!
 
thank you so much for ur answer. yeah i know its not as common, but im being over dramatic sometimes when i see this scary cases...so yeah i hope it will be alright....but yeah we are getting married this weekend sooo i guess ill have almost a year to gather all paperwork so by the time he gets his US citizenship in june 2011 ill have it all )
 
kristina87 said:
im not sure ...and i dnt even know how to find out....all i have right now on my hands is I-94 form...and what does that 2 years rule means? what if i have it and what if i dnt? will i have more complications? thank you for ur answers
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Look at your J1 visa and the associated paperwork. Usually the J1 visa has a requirement that you must spend 2 years in your home country after your J1 stay, in order to become eligible for a green card or obtain certain other visas. Marrying a US citizen does not exempt you from this requirement, although there are other ways to get the requirement waived.
 
Jackolantern said:
Look at your J1 visa and the associated paperwork. Usually the J1 visa has a requirement that you must spend 2 years in your home country after your J1 stay, in order to become eligible for a green card or obtain certain other visas. Marrying a US citizen does not exempt you from this requirement, although there are other ways to get the requirement waived.
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im not sure if i have that 2 years rule, cos after my j1 visa was over in 6 months i applied for visitor visa B1 i believe so, being in US already and o got approved. i dnt really have any paperwork assoiciated with my visa (weird) all i have is visa in my pasport and I-94 form...thanks for the info thou
 
The 2-year home country requirement (if it applies to you) doesn't prevent obtaining a B1/B2 visa. But it would prevent you from obtaining a green card or certain other long-term visas (I believe H1B and L1, and a few others) if you didn't live out the 2 years or get the 2-year requirement waived.
 
LucyMO said:
you must have a DS-2019 form to go with your visa.
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oh yes i do...i just found it in all paper works that i had..anyway, i looked and it doesnt have a mark on 2 year residency , but again i guess its not 100%. another thing that i read usually 2 year rule apply to visitors whos programs are financed by the US goverment. But is there a place that i can check it out?
 
kristina87 said:
oh yes i do...i just found it in all paper works that i had..anyway, i looked and it doesnt have a mark on 2 year residency , but again i guess its not 100%. another thing that i read usually 2 year rule apply to visitors whos programs are financed by the US goverment. But is there a place that i can check it out?
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The J1 visa itself will have annotation " Bearer is not subject to section 212 (e). Two year rule doesn't apply" Here is a copy of a J1 visa. Are you sure you have a J1 visa?

http://uwf.edu/internationaloffice/imgs/visaJ1.jpg
 
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