I want to marry my girl friend but she has no ID..

G

ghostcapo

New Member
My girlfriend is from Jamaica and I'm an American citizen. We have been together two years, and I want to marry her.
She came into the US at age 9 by herself, under a US citizens ID. She is now 23 and the only ID she has that is hers is her Jamaican birth certificate..

What can we do to get married? not sure what additional information is needed...
Please help.
We are in New York if that matters
 
Came to the US by herself at age 9? Surely somebody else such as a parent or other relative brought her.

Even if you get married to her, she won't be able to stay in the US for a green card, due to her illegal entry. She'll have to wait outside the US for 10 years to become eligible for a green card, unless the relevant paperwork was filed on her behalf before the cutoff in April 2001 to enable her to qualify for 245(i).
 
ghostcapo said:
My girlfriend is from Jamaica and I'm an American citizen. We have been together two years, and I want to marry her.
She came into the US at age 9 by herself, under a US citizens ID. She is now 23 and the only ID she has that is hers is her Jamaican birth certificate..

What can we do to get married? not sure what additional information is needed...
Please help.
We are in New York if that matters
Click to expand...

This is a serious problem if she indeed used the ID of another individual to enter.
 
ghostcapo said:
My girlfriend is from Jamaica and I'm an American citizen. We have been together two years, and I want to marry her.
She came into the US at age 9 by herself, under a US citizens ID. She is now 23 and the only ID she has that is hers is her Jamaican birth certificate..

What can we do to get married? not sure what additional information is needed...
Please help.
We are in New York if that matters
Click to expand...

Was it a false ID or actually hers? Was she a USC born abroad or an illegal alien who was somehow smuggled in as a child? Be more forthcoming with the details.
 
BigJoe5 said:
Was it a false ID or actually hers? Was she a USC born abroad or an illegal alien who was somehow smuggled in as a child? Be more forthcoming with the details.
Click to expand...

She used a family members passport to enter. She came by herself at age 9.
 
So she has some US citizen relatives. Are her parents in the US? If yes, legally or illegally? Is her mother or father a US citizen? Did either of them have US citizenship before she was born?
 
Her dad had a green card but he was deported for criminal activity. HE snuck back in again but was caught and sent out to Jamaica again...
 
ghostcapo said:
She used a family members passport to enter. She came by herself at age 9.
Click to expand...

She entered by making a false claim to USC, BUT she was a minor (9 yrs old) therefore, she cannot be held accountable for it. You are a USC and once married, she can be petitioned as an immediate relative of a USC.

As for her ID, she can contact her home country embassy/consulate to obtain something that can be used for the purpose of getting a marriage license.

Her problem is that she did not make a "lawful entry" initially. It is "possible" that she could be granted "humanitarian parole" in an exercise of discretion. It is a long-shot.

Did anyone ever file any petition for her or a parent on or before April 30, 2001? That would be a basis for grandfathering a new I-130 by you that would allow her to adjust under INA 245(i). IF not she would need to qualify for cancellation of removal under:

INA 240A (b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.-
8 CFR § 1240.20 and 8 CFR § 1240.58.

Look it up and read about it.
 
If she was born before her father got his green card, there is a small possibility of her being eligible to adjust status via 245(i) derivative grandfathering, depending on how and when her father got his green card and when he lost it. Or direct grandfathering if an immigrant petition was directly filed for her before April 30, 2001.

She should find out as much as she can about her father's green card -- who filed a petition for him, when was it filed, when was his green card approved and what was its category, etc. with copies of the related documents if possible (e.g. I-140/I-130 receipt or approval notice, a copy of the green card, etc.). Then arrange a consultation with an immigration lawyer to analyze it to evaluate her eligibility for 245(i). The lawyer may ask for additional details/documents before making a conclusion.

245(i) can get really complicated when it comes to derivative grandfathering, and a second opinion from another lawyer is recommended, especially if the first lawyer isn't confident that it's a clear cut case one way or the other.

Make it clear to each lawyer that you are only seeking a one-time consultation (with a follow-up if it's necessary to obtain additional information) to evaluate her 245(i) derivative grandfathering eligibility, you're not looking to have the lawyer handle the green card case itself. That way they're not tempted to lure you into false hope and take your money for a hopeless case. Then if the lawyer says she's good to go, find another one to actually handle the case after marrying her, or handle it by yourselves.

If she can't qualify through 245(i), it's game over. She'll either have to continue to live in the shadows, facing the possibility of ICE agents arresting her for deportation at any random time, or leave the US and wait out the 10-year ban.
 
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