Greencard for wife through Military

[Joe B. 0]

Hello. I'm new and trying to figure this out. I hope this is in the correct place.

I am a US born citizen. My fiance came here from Mexico as a child and due to her parent's issues she never became a legal resident. We are getting married soon.

I recently decided to join the Marine Corp. and was wondering what the process is for applying for her legal residency (or citizenship?) would be.

This is all very confusing for me and I appreciate any answers! Thanks!!!

[JimVaPhuong 4,863]

She has to become a legal resident (for three years minimum) before she can become a citizen. Let's not get ahead of ourselves.

Did she enter the US legally, or did she enter without inspection? Did her parents ever become legal residents? How old is she now?

[Inky 1,110]

Your fiance can only get a green card through the military if she joins the military herself. You have to marry her and apply yourselfs for a green card. The military wont help her get one.

Jim has some good questions that will help be able to determin your issue. You need to give a bit more information to decifer how bad the situation is or how good it is for you guys to be able to apply to fix her status.

[Joe B. 0]

She did not enter legally. She is 26. Her mom is a permanent resident and her step father is a US citizen. We were told by an attourney that once we got married and applied for her change of status she would need to leave the country for her interview.

[Joe B. 0]

I should add the the reason I'm asking is that through my attempt at researching it seemed as though there was another process for spouses of US Citizens in the military.

[Inky 1,110]

I should add the the reason I'm asking is that through my attempt at researching it seemed as though there was another process for spouses of US Citizens in the military.

There is no other process, it is the same thing. The only difference is if they are stationed over seas in active duty with their spouce they can apply for early citizenship from already having a green card.

Military can also request an expedite of their petitions based on active duty deployment that is about to happen to them.

[Joe B. 0]

Basically I'm hoping I can get her status changed without her leaving if possible. Although I'm committed to her and whatever process it takes.

[JimVaPhuong 4,863]

She did not enter legally. She is 26. Her mom is a permanent resident and her step father is a US citizen. We were told by an attourney that once we got married and applied for her change of status she would need to leave the country for her interview.

The attorney is not giving you the straight scoop, probably because he's afraid he won't get paid if he tells you the truth.

First, let's define "adjustment of status". This term means you are changing from one immigration status to another. For example, you could be changing from "non-immigrant" to "immigrant", or from "out of status" to "immigrant". An alien who is not present in the United States has no immigration status to adjust - they are simply a foreigner in a foreign country, out of the jurisdiction of USCIS. The crux of the matter is that you NEVER interview for adjustment of status outside the United States. An adjustment of status interview is ALWAYS conducted in the United States.

What the attorney was referring to was getting your fiancee a visa from a US consulate abroad. Visa interviews ARE conducted in foreign countries by US consulates.

Here's the scoop - there are precious few options for someone who entered without inspection (an "EWI") to adjust status in the United States.

One possible option is a refugee or asylum application. These are almost NEVER granted to citizens of Mexico.

Another possibility is an abused spouse of a US citizen or legal permanent resident. If the attorney is even remotely considering this option then he's simultaneously considering completely screwing up YOUR LIFE with an accusation of spousal abuse. If the attorney has strongly recommended you marry her now, and has been having any "private" conversations with your fiancee, then watch out - you could be getting set up. I'm just sayin'...

A third possible option is section 245(i) of the INA, which provides for certain EWI's to adjust status if they had an immigrant visa petition filed on their behalf prior to January 14, 1998, or who were present in the US on December 21, 2000, and had an immigrant visa petition filed on their behalf prior to April 30, 2001. Section 245(i)'s are rarely granted anymore because most of the people who were eligible have filed long ago. If she was eligible to adjust under 245(i) then the attorney would never recommend she leave the US.

Aside from these (and a few other very rare situations), an EWI is not eligible to adjust status - not even through marriage to a US citizen. Your attorney knows this, and that's why he's telling you she's going to have to leave the country for an interview. He's either suggesting she go back to Mexico while you file a fiancee visa petition, or that you marry her before she goes back to Mexico while you file a spousal visa petition. Either way, she has to go back to Mexico to apply for the visa once the petition is approved.

Here's the kicker your attorney probably didn't tell you about - her visa will be DENIED at the interview. She's remained in the US since she was 18, and has accumulated eight years of unlawful presence. When she leaves the US an automatic 10 year ban will kick in. The only way to get around this ban is for YOU, her US citizen fiance or spouse, to file a hardship waiver application with the consulate AFTER the visa has been denied. If you hire a very good lawyer who is well versed in hardship waivers then you've got better than 50% chance of getting the waiver approved, but it may take many months to get an approval.

If you decide to pursue this route then she absolutely MUST NOT reenter the US illegally. A second illegal entry could result in her being banned for life with no possibility for a waiver.

[Joe B. 0]

Thanks for all the info. It is very overwhelming but at the same time I'm trying not to stress out my fiance any more than she already is. I guess I found some good news on the Ciudad Juarez US Consulate website...

"The Ciudad Juarez USCIS Office may consider the expeditious processing of a waiver in cases where the waiver applicant can show that an extreme medical condition or medical emergency exists or if the applicant’s military spouse is preparing or has already deployed to an overseas post."

[amykathleen2005 441]

If you just joined the Marines I think it will take some time before you are deployed to an overseas post in order to be eligible for a waiver expedite.

[Inky 1,110]

If you just joined the Marines I think it will take some time before you are deployed to an overseas post in order to be eligible for a waiver expedite.

Thats correct, the only place he will be sent is boot camp for 2 months or so, then he has to go into trainning school THEN he can get deployed possibly if he takes a job where he will have to be deployed. Not all jobs in the military cause someone to deploy!

Boot camp doesnt qualify for a deployment or an expedite because it is within america and its not a combat zone.

[msd 3]

Jim already gave you super good advice.

I'd fire the attorney for now btw...

Regarding the expedite, I can tell you you might get an expedite also for other reason than deployment. Depends on how your CO writes the letter. If he can explain very reasonably why the expedite is needed and that you NEED it because you have to concentrate on training and such, then they could grant it too.

There is no guarantee tho.

The best of luck to you and your fiancee.

[Anh map 2,098]

Thanks for all the info. It is very overwhelming but at the same time I'm trying not to stress out my fiance any more than she already is. I guess I found some good news on the Ciudad Juarez US Consulate website...

"The Ciudad Juarez USCIS Office may consider the expeditious processing of a waiver in cases where the waiver applicant can show that an extreme medical condition or medical emergency exists or if the applicant’s military spouse is preparing or has already deployed to an overseas post."

Be careful, the word "may" does not mean it is a sure thing. It could be seen that she married you only to gain legal entry into the US. (not making any accusations here) And since this decision is made in CJ that means that your spouse is outside of the US.

Take Jim's advice to heart and be ultra sure of your next step.

Edited September 4, 2010 by Anh map