Green Card Holder Marrying an Expired Tourist Visa Holder

sunny85

Registered Users (C)
Hi,
I am a green card holder and in May 2009 it would be already 4 years and 9 months, so I'll be able to file my application for becoming a resident!
I am planning to marry my girlfriend who has been in USA for already almost 2 years without leaving- first came with a J1 visa, then changed it to a tourourist visa, and did one extension of the tourist visa after that! But currently she's in an illegal status, her last extension expired October 2009! She stayed here because we've been planning a wedding sometime February 2009!
So my questions are:
1. If we marry now in a few weeks, can she apply for an adjustment of status, before I've actually became a resident?
Or she has to wait, so she can file an application when I file mine?
Or she can file it only after I become a resident?

2. I'm going to file my application May 2009, how long am I going to wait approximately till I become american?

3. Is there someting like a deadline for being here out of status before you marry somebody (like you can't have been here for more than 1 year illegal to marry someone and get green card)

Basicly - what would be the best thing to do now, so she could receive her pappers later and would be able to go back and visit her country?

Thank you in advance
 
first file your N400 and then get married after that because the N400 asks about immigration status of spouse if married so her being out of status may complicate things for you or her illegal presence will be brought the uscis's attention . There is no deadline for getting married if you are out of status
 
so i can't really help her right now! she has to wait for my citizenship...
if there is any other way out please let me know

thanks
 
She likely has other issues since she was on J-1 visa initially.

Last I checked for SIL, the delay between filing and actual naturalization in her location is approx 15 months.
 
Hold on... Im confused now!!!?? What do u mean by this?

As a GC, there's nothing else you can help becasue there's no way you could obtain citizenship by October.

That's if you file now, you still gotta wait 15 month long to hear anything for the N400 case. then probably another 2-6 month waiting for the actual ceremony. that's like waiting for almost 2 more years. If you have the $$$ to support her, then just keep quiet and wait until you obtain your citizenhsip then get marry and file GC for your wife. Don't do it like other post says..file N400 first, then get marry. If you do, your wife's stay may be in jeopardy becuasae when you go to the citizenship interview, it will ask if you status has changed..such as maritial status.
 
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As a GC, there's nothing else you can help becasue there's no way you could obtain citizenship by October.
Not true. Many people are completing the process within 6 months (although the overall average is more like 9 months). If the OP applies in May, citizenship by October is possible.

But like Concerned4us mentioned, the J1 visa may present other problems, like the usual J1 requirement to return to the original country for 2 years before being eligible for a work visa or green card.
 
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Hi,
I am a green card holder and in May 2009 it would be already 4 years and 9 months, so I'll be able to file my application for becoming a resident!
...
1. If we marry now in a few weeks, can she apply for an adjustment of status, before I've actually became a resident?
You are already a resident. You must have meant becoming a citizen.
 
not all J-1 visas come with HRR (212(e)). It's definitely not "the usual requirement".

It took me exactly 4 months from filing N-400 to interview and oath in ATL. I became a citizen last Thursday.
However, some people may get stuck in an administrative processing for years.
 
not all J-1 visas come with HRR (212(e)). It's definitely not "the usual requirement".

It took me exactly 4 months from filing N-400 to interview and oath in ATL. I became a citizen last Thursday.
However, some people may get stuck in an administrative processing for years.

Great to hear since we share a DO. How long did it take for your i-751?

ps: Congratulations! :D
 
I didn't have a conditional GC. We were married longer than 2 years at the time of my adjustment.
 
Hi LucyMO - sorry to hijack this thread, but how did your interview go? I'm having my GC interview with my husband in 2 weeks. We've been married for 4 years, almost 5. I heard somewhere they are more strict with the interview if it's NOT a conditional GC, because they know what they're giving you is permanent, so they are likely to be more thorough. How was your experience? Thanks!

I didn't have a conditional GC. We were married longer than 2 years at the time of my adjustment.
 
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Congrats Lucy Mo! out of the USCIS mess.
Praetorian, we are in the same DO...but I-751 are done on the Service Center...has nothing to do with the DO anymore unless you go for an interview, which is not that common, but they are.

For ATL folks we are on the slowest Service Center....(drumm rolll)...Vermont!!!! So your waiting time is about 11-12 months. They are approving now Feb cases, I checked a more comprehensive and longest timeline in visajourney.com...even Vega is doing a great job here.
 
Congrats Lucy Mo! out of the USCIS mess.
Praetorian, we are in the same DO...but I-751 are done on the Service Center...has nothing to do with the DO anymore unless you go for an interview, which is not that common, but they are.

For ATL folks we are on the slowest Service Center....(drumm rolll)...Vermont!!!! So your waiting time is about 11-12 months. They are approving now Feb cases, I checked a more comprehensive and longest timeline in visajourney.com...even Vega is doing a great job here.

That's great to hear... :p what happened to the Texas SC?
 
Hi LucyMO - sorry to hijack this thread, but how did your interview go? I'm having my GC interview with my husband in 2 weeks. We've been married for 4 years, almost 5. I heard somewhere they are more strict with the interview if it's NOT a conditional GC, because they know what they're giving you is permanent, so they are likely to be more thorough. How was your experience? Thanks!

actually, it was strictly a formality. The officer didn't ask us anything besides going over the applications and asking the questions in I-485. She didn't ask for pictures, bills, anything like that. My husband pretty much snoozed through the interview...
Well, it was 3 years ago, so, maybe, it's different now.
While I was waiting for my citizenship interview, a lot of couples were going through the AOS interviews. They all came out pretty quickly.
 
Thanks LucyMO -- I feel so much better. As you can imagine, I've been freaking out the past few weeks. I'm practically "paralyzed" and cannot focus on anything else. I am hoping ours will be snooze-worthy too ;)

actually, it was strictly a formality. The officer didn't ask us anything besides going over the applications and asking the questions in I-485. She didn't ask for pictures, bills, anything like that. My husband pretty much snoozed through the interview...
Well, it was 3 years ago, so, maybe, it's different now.
While I was waiting for my citizenship interview, a lot of couples were going through the AOS interviews. They all came out pretty quickly.
 
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