Marrying my girl friend of five years. What do you guys suggest?

P

pandita

New Member
Hi,

I will obtain my undergraduate degree next year. I want to marry my girlfriend of five years. She came to the states when she was 11 (No visa), she came here illegally with her parents. We have been in a relationship for five years and have talking about marriage for about 6 months now. There are two possible scenario for this.

Once I graduate and get a full time job I want to marry her. What would be the best way to do this? Should she go back to her home country (Guatemala) and I marry her there. Or should we just get married in the US? I am a US Citizen. Once I marry her I want her to be away from me the least time possible. Which way do you guys think would be the best way about doing this (fastest)?

Fyi - She graduated high school and is working as a cashier (fake SSN of course), she files income taxes every year. Has not ever been in trouble with justice. Does not drive without license. I understand she is here illegally but at the same time I don't blame her as she was brought here by her parents.


Scenario 2 -

I have been talking with an American company that does operations in China. There is a possibility that they might offer be a job to work in Shanghai. If I want to go to Shanghai and bring her with me, how can I bring her while also starting the immigration process?


I would greatly appreciate any input everyone provides me!!!

Thank you very much

I forgot to mention an important fact.

When her family came to the US in 2002 her aunt (father's sister) filed a petition to sponsor them. WHen this was filed she was underage, the petition was approved and is not in the Visa's Center. Now she over 21, would she still quality for this? Would this change any process when i marry her?

Thank You,
 
Last edited by a moderator:
To be eligible for an immigrant visa under INA section 245(i) and pay an additional penalty of $1,000.00 in addition to all other fees one has to meet certain requirements. It would appear that she does nor qualify and unfortunately neither will her parents. They came illegally in 2002, after the physical presence cutoff date and the petition was filed after the filing cut-off date (sunset date).

Persons with a petition filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000. The approvable when filed petition had to be properly filed on or before April 30, 2001.

When her father's priority date becomes current, he cannot file for adjustment and if any of them depart the U.S. they will be barred for 10 years due to their unlawful presence. If you plan on staying in China for 10 years, you can immigrate her back at that time. If not she should stay here and hope that there will be a new round of 245(i) eligibility. It has happened before.
 
Sorry dude, she has to leave the US and stay away for 10 years in order to become eligible for a green card or any other legal visa.
 
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