marrying illegal Imigrants

[sash12]

My friend (citizen) decided to marry illegal imigrants who living in usa for past 4 year. she has social NuMBER AND HAD bought property also here her visitor visa expired 4 years ago. what is the chance that he can sponsor her ? is she will have dificult to get entry to usa ..? i she can sponsor her fiance visa..? please sujject. is she has to go back her country ?
what all teh comlication if anyoen came across.?

 

[hadron]

> what is the chance that he can sponsor her ?

If he has an income well above the federal poverty level: 100%

> is she will have dificult to get entry to usa ..?

She cannot leave the country until she has become a permanent resident. If she leaves the country during the processing, she will be denied entry for 10 years.

> i she can sponsor her fiance visa..?

No.

> please sujject. is she has to go back her country ?

He can
- marry her
- file for a green-card for her
- wait for the conditional green-card to be approved
- after 2 years, go to an interview with the immigration service and get her green-card converted from a conditional to a permanent one. (At the interview, the immigration officer might give them a hard time and really question the authenticity of the marriage. they might be accused to be married only for the GC etc. this is to be expected if the person applying for the GC was illegal before)

 

[AsylumSeeker]

Depends on original visa type

Hi, I just thought I would share my 2 cents on this one. My wife entered the use on a K1 fiance visa, but did not marry the man. I married her, but she cannot stay. There is a weird law that says K1 visa type cannot be changed. She also cannot return to her home country and is working on asylum. So, in this case, she cannot get a greencard even though I am a US citizen. I am told there is a lawsuit somewhere that may challenge this, but for now we are crossing our fingers and hoping for asylum or withholding of removal. What a bind...

 

[hadron]

> There is a weird law that says K1 visa type cannot be changed.

I don't think its weird. If get a visa to marry ONE particular person, you shouldn't be allowed to use this as a permit to marry SOMEONE.

This rule probably exists to curb the 'mail order bride' business. For the trafickers that import these girls it would be quite handy if the grooms where interchangable (you don't like the merchandise you have a 30 day return period. if she gets returned, the traficker can sell her off to some other sucker maybe at a slightly lower price, as 'shop return, slightly used' so to speak).

I am sorry to hear that you are stuck in this situation and it certainly seems unfair in the individual case, but I can understand the rationale for having such a rule on a policy basis.