Marriage and GC

T

TheInquisitor

Registered Users (C)
have a friend who got asylum. next year he will be able to apply for gc. he has a girlfriend back in his country, but can't see her. he is really serious and may want to put a ring on her. what would happen if he marries her before he applies for gc? could he add her to the petition? mind you, this marriage will be after winning asylum. or doe she have to wait until he becomes a legal resident and then get a fiancee visa? thank you.
 
thank you and hope i get feedback from others. i wil tell him to have her come as a tourist. if the feelings are real, they will marry. either she overstays and then he petitions for her or she goes back and puts in for petition or fiancee visa. those are the only options i see.
 
TheInquisitor said:
have a friend who got asylum. next year he will be able to apply for gc. he has a girlfriend back in his country, but can't see her. he is really serious and may want to put a ring on her. what would happen if he marries her before he applies for gc? could he add her to the petition? mind you, this marriage will be after winning asylum. or doe she have to wait until he becomes a legal resident and then get a fiancee visa? thank you.
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I wish it was that easy. If she comes and overstays, she is barred for adjustment for 3 year or 10 year.

As a spouse of a Legal Permanent Resident(LPR), she has to wait approx 6 years and 4 months for a visa to be available. Fiancee visa is only for U.S Citizens and not for LPRs. IF she overstays, and the principal becomes U.S Citizen, she is barred from gaining any benefit because of the 1996 Law that introduced 3 year and 10 year bans.

The best thing would be for her is to come on a student visa and maintain her legal status until her "fiance" becomes a U.S Citizen. If they marry and she applies for a student visa, she will be denied a visa since its not a dual intent visa. H-1(worker visa) is dual intent, meaning you can immigrate or work as temporary worker...all other visas including student and visitor visas are not dual intent and may cause trouble.

If he wants a peaceful life, ask him to marry someone in the United States or he will be in at least 4-7 years of hell.
 
actually, the overstaying is a bit tricky. for the most part, the bans really apply for those who came here illegally. those who came legally might be abel to stay. if she does overstays, she might still get the petition. we must nail this down to know for sure.

i keep telling him to go to costa rica and see her. then we see what could be done. thank you for your info and will pass it on to him.
 
One important point is that USCIS does not consider freindship as a marriage. Your friend needs to have a certificate of marriage before he can try anything. And by the way if your friend's asylum is based on asylum why didn't file for follow to join sponsership or visa.
 
And by the way if your friend's asylum is based on asylum why didn't file for follow to join sponsership or visa.
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i take it that it needed to done in the beginning and can't be done now. and i also take it that he needed to add her then? they were friends from schools, but lately it has it bene taken to other levels.
 
TheInquisitor said:
for the most part, the bans really apply for those who came here illegally. those who came legally might be abel to stay.
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This is not correct. The 3 and 7 year bans apply BOTH to people who enter illegaly and to people who overstay their visas.
 
thankful said:
This is not correct. The 3 and 7 year bans apply BOTH to people who enter illegaly and to people who overstay their visas.
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Wrong.A person who comes in legaly and overstays his/her visa gets documents after being married to a USC.A person who comes illegaly can't.

RD Aug 22,2001
Approved Sep 15,2005
GC received Sep 20,2005
 
A person who comes in legaly and overstays his/her visa gets documents after being married to a USC.
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and not a legal resident? and what about a mother getting doumnets via parents or child or brother or sister?
 
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