Trying to legalize girlfriend(Or help legalize)

[Tanner C 1]

Hello, I am posting on behalf of my girlfriend I have been dating for over three years. I know the majority will say to just marry her as I'm a U.S. Citizen born and raised; to go from there, but we are only 21 years of age and are not quite at that stage yet(Would like to be more financially stable).

 

To start this issue off I will be giving background information:

 

My girlfriends parents are from Canada, had their first two kids here in America as the Dad is a truck driver for Canada. The dad and mom came out here on a permanent residence visas and had their two children(In America). They had then moved back up to Canada and had given birth to my girlfriend and her younger sister as well. So at the age of 2, my girlfriend was brought back on over to the U.S. and has been here ever since. The Dad and Mom are now split up and the Dad resides in Canada as the Mom and her four girls are here in the U.S.

My girlfriend is now 21 years old and cannot obtain a job, but has been going to school here since the age of 4 and has been doing college straight out of Highschool under the Dream Act.

I've made multiple calls to the USCIS Department here in SB County and they had told me to fill out the I-130 would be the quickest way to go about it. It is basically to where her siblings, who are American can fill out a petition and it would some what expedite my girlfriend's permanent residence... Anywhere from 5-9 months it would take. The issue is, on the I-130 or any form we attempt to fill out it asks for her I-94 which should be given on her passport.. She doesn't have a passport as she was brought over here since she was two years of age. I'm sure she had a visitor passport and had overstayed but long story short-ish... The Mom holds a permanent residence and her two older siblings have citizenship here in the U.S. while my girlfriend and her younger sibling are both considered illegal. In essence, overstayed there time here. Yes, this is due to the Mom and Dad practically putting their kids in a spot and not wanting to pay for them to get their visas. I came into the picture and am offering to pay for it, whatever amount it may be.

 

We are just trying to figure out if there is a way to put something in place of the I-94 stamp it asks for on the I-130 form so she can obtain her residence. She has a valid CA I.D. and even holds an I-TIN number which only acts as a tax payers id so her mom could claim her through the years, of course not allowing her to work still. I was able to get my girlfriend a permit to drive which she can obtain what they call a "Original" Driver's License. I did read that under the Dream Act that my girlfriend would need to obtain an associates degree and that would help an "illegal" get their permanent residence, but since two days ago the DACA was put on a hold. Where are we left now?

 

I have tried everywhere on trying to gain more and more information so please, all and any information on this would be very grateful at this point. We are trying to figure out a way that doesn't involve marriage, nor her having to leave this country for 3 years.

 

Thank you,

 

Tanner C.

Edited September 8, 2017 by Tanner C

[KULtoATL 1,551]

While waiting for the smart people of VJ to respond to you, read this page https://www.uscis.gov/family/family-us-citizens/siblings/bringing-siblings-live-united-states-permanent-residents.

 

Her siblings need to be US citizens in order to petition for her to become a LPR. On top of that, US citizen siblings petitioning their foreign siblings will take YEARS to get approved, NOT 5-9 months. Think 10 years or more.

[Tanner C 1]

3 minutes ago, KULtoATL said:

While waiting for the smart people of VJ to respond to you, read this page https://www.uscis.gov/family/family-us-citizens/siblings/bringing-siblings-live-united-states-permanent-residents.

 

Her siblings need to be US citizens in order to petition for her to become a LPR. On top of that, US citizen siblings petitioning their foreign siblings will take YEARS to get approved, NOT 5-9 months. Think 10 years or more.

Read it multiple times, and the 5-9 months that was given to me by USCIS themselves over the phone from three different representatives. Just going based off of what I was given. Her siblings are indeed U.S. citizens as given up above in the background information, but unfortunately the I-130 will not help if she has no record of the I-94 given to her as the I-130 asks for it. The main problem here is the I-94, my girlfriend was 2 years of age when she came over.. So if she had been given one in 1998 when she was 2, it is long expired. I'm sure, due to it being expired, it is unusable. Although her initial passport for when she was a child literally has no i-94 on it to be seen, I had just looked at it. 

 

Any other thoughts would be much appreciated, trying to get it resolved whether it takes ten years.. Trying to find a solid answer as to what she can do.

[KULtoATL 1,551]

@geowrian Do you have any info on US citizen siblings petitioning foreign siblings? USCIS noted 5-9 months for approval, is that even plausible or they are misinforming OP? 

[Tanner C 1]

6 minutes ago, KULtoATL said:

@geowrian Do you have any info on US citizen siblings petitioning foreign siblings? USCIS noted 5-9 months for approval, is that even plausible or they are misinforming OP? 

Only what was given over the phone from USCIS as well as from their website; the website did not include the time frame, only over the phone I had verified it to see which is the quickest route to take. I thought it was inaccurate as well, but I brought up that the Mom is able to fill out the form as she's a permanent residence.. They still insisted I went with her siblings to fill out the petition instead of her Mother as it takes a shorter amount of time. I will call in the early morning and quadruple check and report back to this topic.

Edited September 8, 2017 by Tanner C

[geowrian 22,335]

14 minutes ago, KULtoATL said:

@geowrian Do you have any info on US citizen siblings petitioning foreign siblings? USCIS noted 5-9 months for approval, is that even plausible or they are misinforming OP? 

I didn't read the whole thread, but a USC petitioning a sibling is under F4 preference. From Canada, thats about a 15 year wait...the current PD is January 2002. It was May 2004 last month. Yes, it went backwards due to estimates about the number of available visas still available that I guess didn't pan out.

 

The 5-9 months quoted for an approval is probably just for the I-130. Once approved, the case will not proceed at NVC until the PD is current.

 

Edit: What's the status of the parents...maybe I missed that. But with either being an LPR or a USC, it would be faster than via a sibling.

Edited September 8, 2017 by geowrian

[EandH0904 1,184]

What is your goal here, are you hoping she can live legally in the US while you continue to date her? 

 

If she has no i-94 number, just leave it blank.  Let Her sisters petition her and when they get the notice you'll see either USCIS was right or people from VJ were. 

 

Otherwise, just wait till you are ready to get married and do a k1 then. Keep records until then of your time together to strengthen your case. 

[Roel 7,191]

As a boyfriend you can't do nothing. It's up to the US siblings or US / LPR parents. Sponsoring siblings takes long, long years. Not months. Plus this immigration category might or might not be removed. If you two would marry, then you can think of doing something. Surprised she didn't fix her status earlier. Not sure what she was waiting for. For getting deported? 

 

https://www.us-immigration.com/blog/how-long-should-a-us-citizens-sibling-wait-to-get-a-green-card

Edited September 8, 2017 by Roel

[Tanner C 1]

2 minutes ago, EandH0904 said:

What is your goal here, are you hoping she can live legally in the US while you continue to date her? 

 

If she has no i-94 number, just leave it blank.  Let Her sisters petition her and when they get the notice you'll see either USCIS was right or people from VJ were. 

 

Otherwise, just wait till you are ready to get married and do a k1 then. Keep records until then of your time together to strengthen your case. 

Whether her and I continue to date isn't an issue.. I just want her to be here legally that way she may actually live her life, get a job, get a grant for schooling, etc.. Her mom and dad have most definitely put her in a bad position and me being the boyfriend, have heard it over the years from her. So we've been extracting information from where we can and so I've come here. 

 

The marriage we'll definitely be the plan B. As for now, if her mother petitions her.. Could'nt the mother just put her own I-94 number in that section of the I-130? The goal here is to figure out what we can put in place of the I-94 or if there is any other form we may send off that doesn't require it, in which case I'm sure will take an extensively longer amount of time. 

[Roel 7,191]

Even if her mother sponsor her it will still take few years. Not sure how long it is for LPR sponsoring adult children since they are no longer immidient family.

 

Just understand that you legally can't do nothing. Plus immigration is never fast. 

[Tanner C 1]

2 minutes ago, Roel said:

As a boyfriend you can't do nothing. It's up to the US siblings or US parents. Sponsoring siblings takes long, long years. Not months. Plus this immigration category might or might not be removed. If you two would marry, then you can think of doing something. Surprised she didn't fix her status earlier. Not sure what she was waiting for. For getting deported? 

If I can be completely honest. Her Mom works for the county and only has enough to provide the food on the table for her daughters, but with that being said.. She is indeed a very selfish person. She would sign the petition but would not put a dime into the payment of it. My girlfriend was just doing school and didn't come to realization until late high school when I brought up a job, grants, etc.. That she was at a block in life.

All in all, I know this is not for me to take care of... But the least I can do is help her understand what needs to be done and I'll even help pay for it regardless of us staying together. Reasoning for this is like I said, her parents won't help with a nickel due to selfishness.

[Suss&Camm 2,213]

Ppl from Canada many times don't even get an i94 as far as I know. That is the least of her/your concerns. There is a reason why "most of us will say get married" as that is by FAR the quickest way. 

I understand it being a big decision at 21,  but if the only reason why you are not doing it is that you are not financially stable and not that you are unsure about each other then that reason seems to pale in comparison to her not having a legal presence in the country.

You can do a court house wedding for practically no money and do the dream wedding things years down the line,  when you get that financial stability you mention. In any case, that's just my 2 cents - I feel like your priorities are a bit off.

Geowrian is 100% right about the 5-9 months being only for the i130 petition and her actually being an LPR is currently around 13-14 years away.

Edited September 8, 2017 by Suss&Camm

[Tanner C 1]

1 minute ago, Roel said:

Even if her mother sponsor her it will still take few years. Not sure how long it is for LPR sponsoring adult children since they are no longer immidient family.

 

Just understand that you legally can't do nothing. Plus immigration is never fast. 

She is 21 and unmarried, she does indeed still live with her mom though.. Which should make their case for immediate family? I know I may legally do nothing besides the marriage, but I'll help in the ways I can.

[Tanner C 1]

2 minutes ago, Suss&Camm said:

Ppl from Canada many times don't even get an i94 as far as I know. That is the least of her/your concern. There is a reason why "most of us will say get married" as that is by FAR the quickest way. 

I understand it being a big decision at 21,  but if the only reason why you are not doing it is that you are not financially stable and not that you are unsure about each other then that reason seems to pale in comparison to her not having a legal presence in the country.

You can do a court house wedding for practically no money and do the dream wedding things years down the line,  when you get that financial stability you mention. In any case, that's just my 2 cents - I feel life your priorities are a not off.

Geowrian us 100% right about the 5-9 months being only for the i130 petition and her actually being an LPR is currently around 13-14 years away.

 

Thank you for that, practically right on. I believe that is exactly what had happened. On her passport as a child there is no i-94. Plus it being 1998 and her being 2 I'm sure they didn't give it to her. I will consider the option, just can't say it's about that time just yet. Maybe within a few years, always have to make sure it's the one as well as being able to provide for not just myself. For us. Would just think though that for her background there would be something else we can do that isn't so time consuming. This is her home, where she grew up, where she wants to grow old. Schooling since 4, college, etc. Long road to just hit a block for a few years.

[mcdull 474]

1 hour ago, Tanner C said:

Hello, I am posting on behalf of my girlfriend I have been dating for over three years. I know the majority will say to just marry her as I'm a U.S. Citizen born and raised; to go from there, but we are only 21 years of age and are not quite at that stage yet(Would like to be more financially stable).

 

To start this issue off I will be giving background information:

 

My girlfriends parents are from Canada, had their first two kids here in America as the Dad is a truck driver for Canada. The dad and mom came out here on a permanent residence visas and had their two children(In America). They had then moved back up to Canada and had given birth to my girlfriend and her younger sister as well. So at the age of 2, my girlfriend was brought back on over to the U.S. and has been here ever since. The Dad and Mom are now split up and the Dad resides in Canada as the Mom and her four girls are here in the U.S.

My girlfriend is now 21 years old and cannot obtain a job, but has been going to school here since the age of 4 and has been doing college straight out of Highschool under the Dream Act.

I've made multiple calls to the USCIS Department here in SB County and they had told me to fill out the I-130 would be the quickest way to go about it. It is basically to where her siblings, who are American can fill out a petition and it would some what expedite my girlfriend's permanent residence... Anywhere from 5-9 months it would take. The issue is, on the I-130 or any form we attempt to fill out it asks for her I-94 which should be given on her passport.. She doesn't have a passport as she was brought over here since she was two years of age. I'm sure she had a visitor passport and had overstayed but long story short-ish... The Mom holds a permanent residence and her two older siblings have citizenship here in the U.S. while my girlfriend and her younger sibling are both considered illegal. In essence, overstayed there time here. Yes, this is due to the Mom and Dad practically putting their kids in a spot and not wanting to pay for them to get their visas. I came into the picture and am offering to pay for it, whatever amount it may be.

 

We are just trying to figure out if there is a way to put something in place of the I-94 stamp it asks for on the I-130 form so she can obtain her residence. She has a valid CA I.D. and even holds an I-TIN number which only acts as a tax payers id so her mom could claim her through the years, of course not allowing her to work still. I was able to get my girlfriend a permit to drive which she can obtain what they call a "Original" Driver's License. I did read that under the Dream Act that my girlfriend would need to obtain an associates degree and that would help an "illegal" get their permanent residence, but since two days ago the DACA was put on a hold. Where are we left now?

 

I have tried everywhere on trying to gain more and more information so please, all and any information on this would be very grateful at this point. We are trying to figure out a way that doesn't involve marriage, nor her having to leave this country for 3 years.

 

Thank you,

 

Tanner C.

something's not right here. Children born to Permanent residents overseas assume permanent resident status upon entry to the States.