important question

J

John Smith 1

Registered Users (C)
i have a friend who has ooverstayed her visa, he is planning to marry her boyfriend who is an american citizen

does she need to leave the country in order to get her green card or can she apply here and still get her green card

if she had to leave when she can come back
 
She does not need to leave the country. She should marry to her US Citizen boyfriend, and then apply for green card,
and she will get it soon (in about four to six months). Visa overstay is not a problem for spouse of US Citizen.
 
my friend just informed me that her boyfriend is a green holder not citizen yet, if she marry him can she still get green card and how lomg it takes to get a green card
 
John Smith 1 said:
my friend just informed me that her boyfriend is a green holder not citizen yet, if she marry him can she still get green card and how lomg it takes to get a green card
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Unlike being sponsosred by citizen, there is immigration quota if GC is sponsored by a PR. So your friend has to wait for the quota to become available. Waiting period can be
up to 5 years and during teh waiting period your friend is on her own to maintainher legal status. Of course her boyfriend can become a citizen and then use his citizenship to
sponor her, So there are two track.
 
What coutry is your friend and her boyfriend are from? How long has your friend overstayed?
Does the 3 year and 10 year entry to US bar apply to people who marry a GC holder and get their GC filed?
 
I,ve heard GC holder relative case could not be adjusted in US to PR if overstayed.3 and 10 years bar rule applies to the cases like this.They should apply once he becomes USC.
 
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How long until the boyfriend is eligible to file for citizenship?

As stated by WBH, a GC holder can apply for a GC for her if they marry, but this will take 5-6 years. During this time, his then wife's status will NOT be protected based on the GC application (ie, she will still be subject to deportation if caught).

Guju- as she will not have any protected status during this time, she would still be subject to the bars should she leave the country. Even when married to a citizen, should the GC applicant leave the country before they have an approved GC application, they would be subject to the appropriate re-entry bars based on their length of overstay.
 
guju said:
what coutry is your friend and her boyfriend are from? How long has your friend overstayed?
Does the 3 year and 10 year entry to us bar apply to people who marry a gc holder and get their gc filed?
Click to expand...

my friend is thai,so her boyfriend

her boyfriend is eligible for citizenship next year
 
She definately should not leave the country.

I'd suggest some legal advice before getting married at this stage, it may be better to wait until the boyfriend is a citizen.
 
We have had the same situation, I had a green card and my girlfriend had visa overstay. We got married. I became US citizen in a three years after marriage.
Then we applied for her green card, and she got it in a four months after applying.
 
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