Am I in the right place??? Green Card question...

[nychelp 0]

Hi,

I am an American citizen with a korean girlfriend. She is living here in the US, but has long overstayed her original tourist visa. We are planning to marry and to apply for a green card for her; could someone tell me where I can find more information on this and also if I am posting in the right forum here. If it matters, she has a daughter who is a full American Citizen.

Thank you!

[payxibka 10,044]

close to the right forum...

You do NOT need to post it again... I will move your topic to the right forum for you

[engineer21 51]

Hi,

I am an American citizen with a korean girlfriend. She is living here in the US, but has long overstayed her original tourist visa. We are planning to marry and to apply for a green card for her; could someone tell me where I can find more information on this and also if I am posting in the right forum here. If it matters, she has a daughter who is a full American Citizen.

Thank you!

The first thing you need to do is get married

And make sure she does not leave the US as she will incur a ban (3 or 10 years depending on length of overstay)!

Then file forms i-130 and i-485 together.

You will fill out and sign the 130

She will fill out and sign the 485

Will also need to have:

medical exam done (form i-693)

affidavit of support (i-864) showing you (or someone else as co-sponsor) can support her 125% over the poverty line

work authorization if she wants to work while application is pending (i-765)

Start working on proof of bonafide marriage such as same domicile, joint bank account, ect

See guide: AOS guide

Edited July 8, 2010 by engineer21

[nychelp 0]

The first thing you need to do is get married

And make sure she does not leave the US as she will incur a ban (3 or 10 years depending on length of overstay)!

Then file forms i-130 and i-485 together.

You will fill out and sign the 130

She will fill out and sign the 485

Will also need to have:

medical exam done (form i-693)

affidavit of support (i-864) showing you (or someone else as co-sponsor) can support her 125% over the poverty line

work authorization if she wants to work while application is pending (i-765)

Start working on proof of bonafide marriage such as same domicile, joint bank account, ect

See guide: AOS guide

Thank you!

A few additional questions:

1) Approximately how long after this process begins would she be able to travel out of the country? She would like to visit her ailing mother back in Korea ASAP.

2) Would adopting her daughter as a stepfather change the process in any way?

2) She has a criminal record in this country: misdemeanors and possibly one felony. Would this impede the process in any way?

Thanks again for your advice!!!

[Leigh Ann 8]

A few additional questions:

1) Approximately how long after this process begins would she be able to travel out of the country? She would like to visit her ailing mother back in Korea ASAP.

She'll have to wait for the green card. People can usually apply for advanced parole but because she's overstayed her visa, as soon as she leaves the country without a visa, she'll incur a ban, either 3 or 10 years.

2) She has a criminal record in this country: misdemeanors and possibly one felony. Would this impede the process in any way?

Yes, you need a good immigration lawyer. Now. She'll face serious issues getting a green card.

[payxibka 10,044]

2) Would adopting her daughter as a stepfather change the process in any way?

You say her daughter is already a USC therefore she has no immigration issues... you adopting her will have no affect on her mom's immigration issues....

[GabiandVi 34]

You say her daughter is already a USC therefore she has no immigration issues... you adopting her will have no affect on her mom's immigration issues....

Accept that it would be pretty good proof of bona fides.

HOWEVER, PLEASE only adopt because it's what you really, really want to do.

[nychelp 0]

A few additional questions:

1) Approximately how long after this process begins would she be able to travel out of the country? She would like to visit her ailing mother back in Korea ASAP.

She'll have to wait for the green card. People can usually apply for advanced parole but because she's overstayed her visa, as soon as she leaves the country without a visa, she'll incur a ban, either 3 or 10 years.

2) She has a criminal record in this country: misdemeanors and possibly one felony. Would this impede the process in any way?

Yes, you need a good immigration lawyer. Now. She'll face serious issues getting a green card.

Thanks for your reply!

How certain are you about your answers? Can anyone else on here either confirm, deny or add any additional information? These are two really crucial questions and I want to make sure that I have the right information.

Thanks again!!!

[nychelp 0]

Accept that it would be pretty good proof of bona fides.

HOWEVER, PLEASE only adopt because it's what you really, really want to do.

The adoption is more important to me than the marriage, actually. I've raised this child as my own but her mom has thus far turned down the idea of adoption. I'm hoping that if there is some significant benefit to her of adoption regarding her green card process that she will be more willing to agree to the adoption...long story...

[Leigh Ann 8]

Thanks for your reply!

How certain are you about your answers? Can anyone else on here either confirm, deny or add any additional information? These are two really crucial questions and I want to make sure that I have the right information.

Thanks again!!!

Pretty certain. If you want confirmation, search for posts related to "advance parole" and "overstay" (together). They'll confirm that she can't leave.

Also, google "green card criminal history" and see what you find....

[nychelp 0]

Pretty certain. If you want confirmation, search for posts related to "advance parole" and "overstay" (together). They'll confirm that she can't leave.

Also, google "green card criminal history" and see what you find....

How do I find a good immigration attorney in NYC that could help with this??? Should I expect that the information that different attorneys give me will be the same or might different attorneys give different information about the process?? thanks!!

[Bobby+Umit 161]

Thanks for your reply!

How certain are you about your answers? Can anyone else on here either confirm, deny or add any additional information? These are two really crucial questions and I want to make sure that I have the right information.

Thanks again!!!

I will confirm the AP issue - if she leaves, even with an approved AP (advanced parole), she will get a ban coming back the US.

She will not be able to leave the US till she has the greencard in hand. (you can read the instructions for the advanced parole to verify the above).

On the issue with criminal record - I would also suggest a lawyer - it could be enough of an adverse issue to deny the greencard, so you would want to proceed carefully. *this may shed a little light on your plight*

[payxibka 10,044]

I will confirm the AP issue - if she leaves, even with an approved AP (advanced parole), she will get a ban coming back the US.

You don't need to just take Bobby's confirmation on this... please read the I-131 instructions... it is documented there as well

[nychelp 0]

You don't need to just take Bobby's confirmation on this... please read the I-131 instructions... it is documented there as well

No further confirmation needed (thanks for the great info!).

So, she would need full green card before she can travel then? approx how long should we expect that whole process to take?

[Leigh Ann 8]

How do I find a good immigration attorney in NYC that could help with this??? Should I expect that the information that different attorneys give me will be the same or might different attorneys give different information about the process?? thanks!!

Theoretically, it should be the same. But as people here will attest, it's pretty clear that immigration attorneys differ dramatically in their quality and efficiency. You need to do research about attorneys and see which ones have experience with your particular set of issues - overstay + criminal convictions in the AOS process.