Out of status - To be Married - Green Card?

mandria

New Member
Hi!

I have a question for the good people of this forum...

I'll give you the background first.

I'm an Italian citizen, and I first came to the US about 3.5 years ago on a student visa.
I met my fiancee in New York, the next day I arrived.

I stayed for about 8 months on the student visa (I was allowed 1 year) and then I went back.

When I came back I was convinced to still have 4 months left on my permit, so I filled up the "white I-94" on the plane. When I arrived in New York, the immigration officer told me that my I-20 was expired, and sent me to the INS office, where I spent the next 2.5 hours being questioned. i told them that I had a fiancee, that as a matter of fact was travelling with me, and they told me I had 3 months to marry her (I was on a Visa waiver).

In this past 3 years, I came back and forth from the US approximately 12 times, and all the times I was on a visa waiver, and I went out on time.

Approximately 9 months ago I realized the airline attendant didn't retrieve the I-94W from my passport, so I brought it with me back in Italy, but this didn't stop me from coming back to the US two addtional times without being questioned.

Now I'm here in the US and for the first time, I'm out of status (my visa waiver expired on march the 12th).

My fiancee told me I'm going to have a problem if i go back, so we should get married and she should petition me. She's a US citizen.

Considering all this facts and also that when I contacted the INS last day they told me I shoudl be IN status in order to get married, what do you think I shall do?

Sorry about the lenght of the post.

Thanks for your help, sincerely


Matteo
 
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