Marrying a girlfriend who's a citizen

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zolbo

Registered Users (C)
Me and my girlfriend of 2 years are trying to figure out how the marriage process works!

I've came here before I was 15 on B-visa and stayed till today. Meanwhile, I've graduated from high school and now getting ready graduate from college at the end of this year. I would love to travel with my girlfriend as well as being a productive member of this society like my peers but I can't do anything given my status/situation. DREAM ACT which I met all the criteria for - was turned down by the congress. Fortunately, my girlfriend has recently asked me to marry her after understanding my situation as well as our future together.

So the process starts here but I have no clue:

As far as I know, we have to go to the court to get the marriage certification then send I-130 and I-485 along with other applications to USCIS. I've already applied through my mother who is a U.S. citizen and my I-130 got approved but it didn't work out with I-485 because I was aged out. I'm not sure if I have to send I-130 again or how this process would work out!

If you have expertise in this area, please help! Your help will forever be remembered, God Bless!!!
 
I've already applied through my mother who is a U.S. citizen and my I-130 got approved but it didn't work out with I-485 because I was aged out.
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Even if you're over 21, that doesn't mean you're automatically aged out. The CSPA has provisions that may allow you to adjust status after turning 21.

Was the I-485 filed and then denied? If yes, when was it denied? Were you under 21 when your mother became a citizen? How old are you now, how old were you when your mother filed I-130 for you, and how long did the I-130 take to get approved?

How did your mother obtain her green card? If it was through marriage to a US citizen, how come you didn't get your green card when she did? Did she marry after you turned 18?

Your green card process will be much easier if you can get it through your mother instead of your future wife. If you answer these questions we can figure out if there is still hope for you to adjust status through your mother or her husband.
 
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Thanks so much for taking the time to reply! Your time is greatly appreciated! So here goes my story:

On September 2001, I came here on visitor visa with my mother (due to my parents separating) and resided here till today (I was 15 when arrived). I went through 4 yrs of high school, got my GED followed by an associate degree from a community college and now I'm an undergrad student pursuing my bachelor degree (1 more semester left). While I was in community college, my mother became a Green card holder through marriage in August, 2006. Then she filed I-130, right after I turned 21 but I was 20 years old when she became a green card holder. So receipt date is Dec 11, 2006 and approval for I-130 is Sep 24, 2009. Problem is that I'm 25 now and I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months, so I think that I may not be qualified as an immediate relative.

The reason I didn't apply with my mother back when she got married is that I was told by the lawyer not to do so because there might be a chance of deportation etc. Therefore, we had the impression that the applications for me could not be sent till my mother has become a green card holder.


Regardless, I am now still in the waiting for the visa availability; the priority date is Dec 08, 2006, F1.
Currently, visa availability date at NVC is 01MAY04 and it was FEB06 just a few of months ago so I'm confused why the priority date has gone back.
http://travel.state.gov/visa/bulletin/bulletin_1360.html
Unfortunately, I was also told that even if I send I-485 application when the priority date becomes current, it will still not be approved because I'm residing here with an over-stayed visa and I won’t qualify for CSPA.

Last year, I received a letter from NVC requiring DS-3032 and I-864 which I've filled out and sent to them but I regarded the fact that I live in the United States on overstayed visa again, perhaps all due to the fact that I didn't have money to hire a lawyer. I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees for those application, apparently. I was not going to leave the country to interview overseas because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now. I've talked to some lawyers on the phone but they have completely shut my hopes down.

I-485 and the rest of the application that go with it are expensive and I'm really hesitant to waste my money again because NVC hasn't sent my money back for my mistakes. I'm completely convinced that my I-485 won't get approved and I have no financial means to try my luck.

My mother became a U.S. citizen in Aug, 2009 when I was 24.

Again, I really appreciate you took the time to reply. I apologize if my story is all over the places and I really hope there is a chance!
 
Basically, the lawyer who filed my mother's paper screwed up and when we had a chance to hire a lawyer in 2006, we had no money and messed it up again!!

Now, I'm getting ready to graduate and I would love to be able to get a job upon graduation. I would hate to be rejected from a job offer because of my papers.
 
If your mother married your US citizen stepfather before you turned 18, and you filed an I-485 based on his petition when you were under 21, you could have gotten a green card at about the same time as your mother.

But he didn't file for you, and your mother filed the I-130 after you turned 21, so the CSPA wouldn't protect you. And she would have needed to be a citizen before you turned 21, in order for your overstay to be forgiven when she filed for you.

Forget about your mother's petition. You will need another I-130 filed by your new wife, along with a new I-485 and a set of other forms. See the sticky thread "How to Apply for a Green Card- Do it Yourself", particularly post #4. But don't apply for I-131 because it will be useless due to your long overstay.
 
zolbo,

It appears that you were 18 or older when mom got married so, you are not legally a stepson to her husband under immigration law. Your lawyer did not file anything for you because there was nothing to file at that time. IF you had been exposed, you could have been deported. However, if you had left before reaching 18 years and 6 months of age you could have benefited from mom's petition from abroad. NOW you have too much unlawful presence to leave without being barred from re-entry for 10 years. It's a good thing that your USC girlfriend wants to get married and file for your greencard. Mom and her husband can always help with an I-864 along with your "wife's" I-864. I doubt college students would have sufficient income yet to qualify without at least some help. Who know's? You could be marrying an heiress.
 
So she has to have certain income level in order for us to file for my documents? What can I do at this point?
 
I have no money to afford a lawyer and I would really like to get the filing done on my own and I really appreciate your time and your help on this forum!!
 
zolbo said:
I have no money to afford a lawyer and I would really like to get the filing done on my own and I really appreciate your time and your help on this forum!!
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You do not need a lawyer UNLESS you have a criminal record to worry about.

She files an I-130 at the same time as your I-485 and I-765 plus all the evidence described in the instructions. There is no fee waiver for this filing. The I0765 will give you work authorization, it may take 2 or 3 months to get that EAD. She can hold off on filing the I-864 until later and if you are working legally also, your income can be added to hers for the I-864. She must file one even with zero income. Others can help, read the form instructions. See the I-864P for the required minimum amounts of income for household size. see www.uscis.gov for more, fees and other information

see http://www.justice.gov/eoir/statspub/raroster.htm for free or cheap legal help
 
BigJoe5,

Your advice is very helpful and greatly appreciated!

My girlfriend and I are both graduating seniors in college. She also teaches fitness in kindergartens but she only works couple times a week for a few hours because of school so we are afraid her income level may not qualify for filing I-864 and she is definitely not a heiress. What about my mother's income? Could that be added to my girlfriends?
 
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Your future wife must file I-864 regardless of her income, because she is the petitioner.

If her income is insufficient, other people would need to file another I-864 or I-864A to bring their income into the mix. If the additional sponsor meets the definition of "household member" according to the I-864A instructions (her mother probably would meet that definition), they would file I-864A, and their income can be combined with your wife's. Otherwise they'd file another I-864, and the other person(s) filing the I-864 must have sufficient income without joining funds with the petitioner.
 
Your wife is the petitioner -- she is the basis of your immigration eligibility. She is also considered the primary sponsor, and must file I-864.

Other people can be added as joint sponsors or household members. Read the I-864A instructions to see who qualifies as a "household member" (not your mother -- they are referring to household members related to the petitioner, not the immigrant). Household members would file I-864A, non-household members (such as your mother, if she agrees to be a joint sponsor) would file an I-864 in addition to the I-864 filed by your wife.
 
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Due to your financial state, you should consider using one of the social service agencies that assist with immigration issues. Catholic Charities and Lutheran Relief Services are two well known and reputable groups.
 
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