Marriage citizen and filing for GC but out of status

H

hagi

Registered Users (C)
This goes to all the people helping us with our guestions I can't mention all your names We do appreciate your pricesless answers.
Now my scenario.
I am filling out my forms for citizenship, and my fiance came her on B2 visa, but the I-94 has expired since march,05 but her visa[5yrs]. I know it's the I-94 that determines ones status.
Can we marry in the local court without any problems
Can I file I-130 while citizenship pending- I know I can upgrade it once I get my citizenship.
A summary of what I am trying to put accross is "Will her out of status condition affects the I-130/485"
 
You could always do that

Since you about to become a USC soon you could save your girlfriend marrying her as soon as possible and file up form I-130 on her behalf . Don`t worry to get married you only need some ID , she need her pasport if she doen`t have the state ID . The mariage should take place first before the filing of the said petition . And the day you become USC you could always upgrade her case by letting the service center know that your status have change and you want to update your wife status since a visa number would be available right away for her . By filing form i-485 for her , she would become on status again . But before all that she would still be on overstayed status (out of status ) and filing i-130 only for her would not protect her of deportation . How long did you applied for USC ? if you beleive it is almost there you could just marry her and when you become the USC just file up the hole package for her .


best regards
 
hagi said:
This goes to all the people helping us with our guestions I can't mention all your names We do appreciate your pricesless answers.
Now my scenario.
I am filling out my forms for citizenship, and my fiance came her on B2 visa, but the I-94 has expired since march,05 but her visa[5yrs]. I know it's the I-94 that determines ones status.
Can we marry in the local court without any problems
Can I file I-130 while citizenship pending- I know I can upgrade it once I get my citizenship.
A summary of what I am trying to put accross is "Will her out of status condition affects the I-130/485"
Click to expand...
You can get married at local court without any problem.
I would say wait for filing I130 & I485 till you become USCITIZEN. It is extra hassel to upgrade your petition. Youe fiance overstaying to her/his visa won't be a problem and will be forgiven after becoming a spouse of USC. Only thing is he/she should not leave the country untill he/she gets the GC. Otherwise it will trigger to 3-10 years of ban.
 
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