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Green card holder apllying for N400 also has illegal girlfriend and wants to help her????

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Filed: Timeline

So...im Green card holder almost for 4 and d a half year and will be apllying for citizenship soon....i have a girlfriend though and she overstayed her Visa.She came with J1 and then changed into B2 and overstayed over a year now....im wondering can i aplly for I-30 for her if i would marry her in the period while im waiting for my citizenship? And would it give her any status here???

What it would be the best way to get her legal status? should i get a lawyer?

thank you for your answers!!!

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So...im Green card holder almost for 4 and d a half year and will be apllying for citizenship soon....i have a girlfriend though and she overstayed her Visa.She came with J1 and then changed into B2 and overstayed over a year now....im wondering can i aplly for I-30 for her if i would marry her in the period while im waiting for my citizenship? And would it give her any status here???

What it would be the best way to get her legal status? should i get a lawyer?

thank you for your answers!!!

Get your USC. Marry her and have her adjust status!

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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If you are not a USC it will take much longer. She would have to go back to her country in order for you to file for her

2) she would need to get a waiver for that overstay because she might get a 10 year ban

3) It takes much longer for green card petition compare to USC, if she goes back you can petition for her, than upgrade your petition after you become a USC but it's very risky since she's already into trouble with immigration with the visa overstayed.

Gone but not Forgotten!

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but it will take like a year to get it and she says she doesnt want to wait so long! so i was wondering if there is possible to do anything before i ll get USC???

I don't think so.

If you marry her and file for I-130 as spouse of LPR, she have to wait for a couple of years to be eligible for immigration visa number, and her immigration status will not be changed until she is eligible for immigration visa and adjust her status to green card holder upon completion of I-485.

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but it will take like a year to get it and she says she doesnt want to wait so long! so i was wondering if there is possible to do anything before i ll get USC???

NOPE!

http://travel.state.gov/visa/frvi/bulletin...letin_4406.html

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: Timeline

so you are all saying that the best thing is to wait till i ll get my USC and then have her status adjust..well...hopefully it wont take a year....she really misses her family...by the way is there is any possibility for her parents to come visit? her home country just signed a conctract for no visas required to come to usa for no more then 90 days...

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but it will take like a year to get it and she says she doesnt want to wait so long! so i was wondering if there is possible to do anything before i ll get USC???

"She doesn't want to wait?" :lol: Wrong predicamentto be in.Well as you know there's going to be a lot of waiting when dealing with the USCIS. Like everybody says, become a USC and then the world opens up to you. YOu might want to inform her that she has overstayed in the country so it's best she sit tight and wait till you become a USC or she won't be allowed back into the country until you can get her in.

If her parents can come into the country without a visa, then that should not be a problem. They can come see you. :D Good luck in your journey.

My Citizenship Timeline

Service Center : Nebraska

CIS Office : St Paul, MN

Date Filed : 2008-07-31

NOA Date : 2008-08-06

Bio.Rcvd Date : 2008-08-15

Bio. Appt. : 2008-08-28

Interview Date : 2008-12-08

Approved : YES!!!!!!!!!!!!!! Final Approval 2009-03-16!!!!!!!!!!!!!!!!!!!File is in line for Oath Schedule

Oath Letter Rcvd: 2009-04-03

Oath Ceremony : 2009-04-30

Total Time So Far: 9 months, 0 days ..WooHoo!!!!!!!! Can You Hear The Sarcasm =)

I AM NOW A US CITIZEN!!!!

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Filing the I-130 will not grant her any legal immigration status in the US. Filing the I-130 in advance will not speed up approval of a subsequent AOS filing. So, although you may file the I-130 for her (as a spouse) while you are still an LPR, she will still be racking up days of overstay and there is really no clear impact on any of her future filings.

08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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In addition to what everyone else has said, there's one further thing to consider: On the N-400, you are required to list your spouse, and state your spouse's immigration status. If you are married to someone without valid status at the time you naturalize, this will bring that person to the attention of the authorities. And of course if you withhold the information or lie, this could put your naturalization in jeopardy.

I don't know how much they follow up on that information. You might want to discuss the matter with an attorney. But if you finish your naturalization before marrying, the issue of disclosing a spouse's immigration status never comes up.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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