Overstayed visa; mom marrying a usc; am currently 19

A

ashleyyy

New Member
My family came on a B2 visa from Korea years ago but we've overstayed about 13 years. My mom tried to get us a green card but my dad divorced her (some 10 years ago) and the lawyer scammed her or something and basically it just didn't work out. I know I could've left when I turned 18 (I turned 19 last fall) but I have no family there, I can barely speak the language.. I just don't know how in the word I would survive.

My mom is getting married this summer to a USC. I've been reading and hearing a bunch of contradicting information and I wanted to try posting with my situation.

I heard that, because this marriage is taking place after I'm 18, I can't get a GC with my mom. But then I also heard that she can sponsor me or something because I'm under 21 and my mom could get her GC in 6 months... I don't know :(

I learned about my situation when I was a freshman in high school and I didn't really understand it then (not that I understand everything now). But the older I get, the more I see how restricted and scary it is to live this way. I know some people don't tolerate the overstaying thing but it's so easy to tell someone to leave everything they know.

I do have a USC boyfriend and we do really care about each other so if we did get married it wouldn't be fake, but that would be... well yeah :(

Thanks.
 
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ashleyyy said:
I heard that, because this marriage is taking place after I'm 18, I can't get a GC with my mom.
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That is correct, you won't be able to get the GC along with her.

But then I also heard that she can sponsor me or something because I'm under 21 and my mom could get her GC in 6 months... I don't know :(
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She can sponsor you after getting her own GC, except that it will take about 3-4 years, and you have to be either outside the US or inside the US legally to benefit from her sponsorship when she is a green card holder. But once you leave, you'll be subject to the 10-year ban.
 
Jackolantern said:
That is correct, you won't be able to get the GC along with her.


She can sponsor you after getting her own GC, except that it will take about 3-4 years, and you have to be either outside the US or inside the US legally to benefit from her sponsorship when she is a green card holder. But once you leave, you'll be subject to the 10-year ban.
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Thank you for the answers. I can't become legal being here unless there's something like DA or I get married so her sponsorship doesn't really matter, right?

Triple Citizen said:
Can you clarify what you are trying to say here?
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I just have mixed feelings about the marriage thing. It would be based on true feelings and everything, but that's an awful lot of pressure to put on a 19 year old. He's kind of a typical 19 year old white boy in the sense that he's rather ignorant on immigration issues (not that I'd be much better if it wasn't for my status). Right now he thinks we're just trying to figure things out. I didn't realize how stuck I was until very recently and I haven't mentioned it to him yet because I don't want him to feel obligated.
 
If you are the dependent of a spouse or parent who is extending his or her nonimmigrant status, then you should be aware that you are required to file an application to extend your dependent status on Form I-539. This applies to the spouse and children of E-1, E-2, E-3, F-1, H-1, L-1, O-1, P-1, R-1 and TN visa holders. If you fail to timely file your application to extend dependent status, you will fall out of status and become removable from the U.S.
 
ashleyyy said:
Thank you for the answers. I can't become legal being here unless there's something like DA or I get married so her sponsorship doesn't really matter, right?


I just have mixed feelings about the marriage thing. It would be based on true feelings and everything, but that's an awful lot of pressure to put on a 19 year old. He's kind of a typical 19 year old white boy in the sense that he's rather ignorant on immigration issues (not that I'd be much better if it wasn't for my status). Right now he thinks we're just trying to figure things out. I didn't realize how stuck I was until very recently and I haven't mentioned it to him yet because I don't want him to feel obligated.
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This is an offensive description of your so called boyfriend.

Marriage simply for an immigration benefit is not proper.
 
unclesam112 said:
If you are the dependent of a spouse or parent who is extending his or her nonimmigrant status, then you should be aware that you are required to file an application to extend your dependent status on Form I-539. This applies to the spouse and children of E-1, E-2, E-3, F-1, H-1, L-1, O-1, P-1, R-1 and TN visa holders. If you fail to timely file your application to extend dependent status, you will fall out of status and become removable from the U.S.
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I'm not exactly sure what you mean...

Concerned4us said:
This is an offensive description of your so called boyfriend.

Marriage simply for an immigration benefit is not proper.
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Lol that wasn't meant in an offensive way in the least and I highly doubt he'd find such a description a dagger to the heart. I was merely highlighting the fact that he is the quintessential American teenage boy, and as such, his knowledge of immigration laws is lacking. I'm sorry you were so offended because I failed to be politically correct.

We live in the 21st century. A lot of things are improper, and I think I've made it clear I am not comfortable with pursuing such a marriage.
 
In your original post you said: " My mom tried to get us a green card but my dad divorced her (some 10 years ago) and the lawyer scammed her or something and basically it just didn't work out."

Please explain what happened. Did someone file any type of immigration petition or a labor certification application for mom or dad on or before April 30, 2001, and which was approvable when filed?

Also, can you or either parent on whose behalf any old petition or labor cert was filed prove that you were actually physical present in the U.S. on December 21, 2000? You said that your family entered 13 years ago....

IF, and that's a big IF, you can answer yes to BOTH of those questions, then, there MIGHT be relief available under INA 245(i).

If you want to read more about that remote possibility, see 8 CFR 245.10 at: http://ecfr.gpoaccess.gov/cgi/t/tex...5&tpl=/ecfrbrowse/Title08/8cfr245_main_02.tpl
 
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