My Fiance applied back in 04 for a resident visa through her father. In O6 she received a letter saying her petition had been approved but she never received any other paperwork. Of coarse she didn't follow up and when she recently went to renew her FL driver's license...the took it and gave her a 30 day temp and told her the letter from 06 wasn't sufficient they needed the certificate she should have received (but she never got it). Now she has to pay $340 to get a duplicate of the certificate that she never got and it will take 1 to 3 months but she only has 3 more weeks on the temp DL. On top of this we were going to get married right away so she could move in with me for financial reasons but I have no idea what I need to do for us to get married or what we can do about the other situation. I would really appreciate any advice!!

Hi, I'm not clear on what you mean by "resident visa." What type of visa are your talking about (letter-number)? IT sounds like she is here in the US with you. What visa is it that legally allowed her to come to the US while her father had an application pending for her? As long as that visa is valid there shouldn't be a problem.

Also, what certificate are you talking about? I'm not sure, but they only certificates that I was a aware of are the naturalization certificates (citizenship).


I think you can get married now if she is here in the US. If she doesn't have a social security number, that can be waived at the time you apply for your marriage license. (In Louisiana it took less than 5 minutes).

I'm not 100% clear on your situation, I'm sure others will have something to add.

I don't know if certificate is the right word. I guess I am talking about the actual visa they are supposed to send her (the one they sent her when her father applied for her resident visa looks like some sort of certificte). I will have to check with her on what exact type it is, I know her father is a naturalized citizen and she applied for a resident visa as his daughter. I guess it's possible that she shouldn't have been here while her visa petition was pending, but she didn't think that was the case. I just don't want to mess things up by going right out and getting married if we are not supposed to. Thanks for your help.

A visa is a document that gives you permission to present yourself at the border to request entry into a country.... It sounds like she is already here... She does NOT need a visa.... It is very important to know the background information well so you can ask the correct question and get a good answer....

She was here on a 6 month tourist visa back in 04 and her dad petitioned for residency for her since he was a citizen. It is possible that she shouldn't be here while the petition is pending (no one told her or her father that she had to go back to Colombia), but she has received an letter and spoke with someone from immigration both instances telling her that the petition was approved but she never received anything else. When I spoke to a friend at ICE he looked into her case and said if they wanted to push things she would almost be deportable. He also said most of her problems would go away if we got married. I am trying to get some advice on whether they will give us a marriage license in FL with just her passport and all my information? Then there is also the problem that in three weeks her temp DL will expire if she doesn't get her residency papers/card back from immigration. I wish I had more details but I am kind of ignorant when it comes to immigration matters.

Her ability to have a DL is the least of your worries. Yes her overstay will be problematic particularly if she leaves as she will be give a bar to re-entry... You most likely will not be given a renewed DL unless you can prove that her presence in the USA is legal. Since you cannot then I wish you good luck... A way to solve your situaiton is to marry, file an I-130, I-485 and I-765. The I-765 could be adjudicated within 60-90 days. With the approved I-765 she can get a DL. When the I-130 and the I-485 are approved then she will have her greencard.

As for marriage FL must have a way for non-residents who are there on holiday and wish to get married... You need to check locally for the process.

This may be a stupid question but can they file for her "AGAIN" even if her previous petition has already been approved?

I think they need to make an infopass appointment to find out exactly what happened to the petition her father filed for her instead of making any assumptions this person or that person may have.

Diana

I agree we should not assume things, but if the following is the scenario, she'll know where she stands without going to USCIS (which may be risky as mentioned by ICE friend).

Your finace was petitioned by her USC father after she was 21 years old. That means she has to wait in line before there is an immigrant visa number available to her. It takes 5 - 6 years. Only then ( around 2010) can she file to adjust status in the USA or get an immigrant visa in home country. In the meantime, she has to either maintain her own status in USA (student for example) or leave or is illegal. Approved I-130 does not mean anything for her status, it is just a part of the process. And after I-130 approval, the next time her father will hear from USCIS will be close to when her turn is to get an immigrant visa number.

When married, you can file for her (as fwaguy wrote). She wan't have to wait in line and can adjust status despite being illegal (which she can't do if she waits for her father's petition to come through).

Petition approval expire if no action is taken .....

You guys are great...thanks so much for all the helpful info

In family preferance categories, there may be 3-25 years between approval of I-130 and the next step. I-130 is not going to expire...

I know all I need to get married is my DL, Birth Certificate, and Soc. Sec. Card. What does my fiance need. She has several documents that show the process she is going through and her passport, is that enough? Do I need to file anything with Immigration before we get married? Thanks for any advice.

in florida, all she needs is her passport. go to the courthouse, fill out the paperwork, pay the fee and return in 3 days and get married.

she does not need anything more than her passport.

So I don't need to file anything before we get married? Once married then we need to file an I-130.