help would be nice

[acadae 0]

Hi everyone I am new to this website and Im so glad I found it

I have some questions on my situation so I'll go ahead and lay out whats happen so far on my VJ

-my sister married US citizen and eventually became a citizen herself

-in mid 2010 she filed for our mother and almost instantly my mother became LPR with Green Card in hand

-after that my mother petitioned for me (child under 21) I 130 and it was approved...

-Here is where it gets a bit difficult

Within the time that I arrived in US to start all these processes and now (roughly 1 year and some)

I met what I KNOW is the love of my life

I know we are both young (18 years old) and a lot of people will say we dont know what love is blah blah blah...maybe ill even hear it here ...

But we want to get married

Problem(s):

-I am here on visitor visa B1/B2 border crossing card which will expire sometime in June

-The I-94 permission to stay has been expired for sometime now and I understand I am "out of status"

My questions

what will happen to the petition my mother filed for me?

when my PD date becomes current which will be a looooong time from now (maybe 4-5 years due to retrogression)there will be no status to adjust right?

and if we get married that petition would get void since i would no longer be able to be petitioned by my mother correct?

my fiance thinks we should get married and he says since he is a US citizen my overstay is forgiven i dont know if what he says is true?

as you can tell im all over the place what is best to do?

any help would be appreciated

[Done--Really 331]

There are plenty of details to work thru, but your fiance is correct:

1) You entered legally.

2) You have have not left--have you??

3) If you marry and DO NOT LEAVE until the AOS process is complete, your overstay will be forgiven.

4) If you have left and come back, or leave at any time before the AOS is complete, you are in trouble.

[amykathleen2005 441]

*Moving to AOS visitor, student or work visa*- you are thinking of adjusting status

You can adjust status after being married to a US citizen. Overstay should not be a problem. The marriage will mean your mom's application for you will not be available but being a spouse of a citizen will be faster anyways.

[acadae 0]

no i have not left at all. so this is good. how do we go about it ?

[Little_My 463]

Read the guide here on VJ for filing the I-130 (petition for alien relative) and I-485 (to adjust status to LPR) concurrently. You can file as soon as you are legally married and have the marriage certificate in hand. In the mean time, you can start accumulating all the supportive documentation you will need for the application - and, if your boyfriend doesn't meet the income requirements on his own, you will need to get someone to sponsor you.

Once you've filed, you can't leave the US until you have the green card in your hand because of the overstay - other than that, it is a pretty straightforward process. From filing the AOS package to getting the GC it takes approximately 6ish months right now (can be less, can be more).

Best of luck!

[acadae 0]

Read the guide here on VJ for filing the I-130 (petition for alien relative) and I-485 (to adjust status to LPR) concurrently. You can file as soon as you are legally married and have the marriage certificate in hand. In the mean time, you can start accumulating all the supportive documentation you will need for the application - and, if your boyfriend doesn't meet the income requirements on his own, you will need to get someone to sponsor you.

Once you've filed, you can't leave the US until you have the green card in your hand because of the overstay - other than that, it is a pretty straightforward process. From filing the AOS package to getting the GC it takes approximately 6ish months right now (can be less, can be more).

Best of luck!

Ok thank you so much! I will get to that right away