Marrying a us resident benfits

[nacho72 0]

hi there,

I would like some guidance on the following issues. I am 39 years old, single, out status alien(tourist visa expired, living in the us for about 7 years, clean record).I am about to finish my B.A in engineering in a US university in the Us east coast.

My girlfriend just became US resident(we have been living together for 6 years already) She holds an American Master's Degree.

Also I have filled two petition I130 processes:

1.I130 Immigrant petition US citizen brother: my Us citizen brother is petitioning me. We applied on September 2005. It is been 7 years already. Processing time as today: 13 months

2.I130 Immigrant petition US resident unmarried child over 21 : my Us resident mother is petitioning me. We applied on November 2007.It is been 5 years already.Processing time as today: 5 months

Questions.

In order to have an adjustment status which is my the best option

1. Should I marry her? If I marry her will my other two processes be void?. What benefits will I be granted in marring her? Can I apply for a work permit? if so, how long this work permit will take.

2. Should I wait for any of the two processes to be given a decision. Why my process by my us resident mom is taking so long?

3. Help, Help, Advice

Thank you

"Hope is the thing with feathers

That perches in the soul" Emily dickinson

[YupYup 4]

hi, I am trying to answer some of your posts in my opinion.

1. Should I marry her? If I marry her will my other two processes be void?. What benefits will I be granted in marring her? Can I apply for a work permit? if so, how long this work permit will take.

I don't think, it will be the best idea to marry her, because it could look suspicious, since you already tried to immigrate TWICE through your brother and your mother. it could be seen as red flags for USCIS. If you do wanna go down that road, your brother & your mon have write a letter to USCIS to withdraw your I-130's. just keep in mind, since she is an LPR and not a US Citizen, it takes much longer (several years I read) to get your resident status. as soon as you would get married, you will be able to get your work permit within 3 months of filling the appropriate forms.

2. Should I wait for any of the two processes to be given a decision. Why my process by my us resident mom is taking so long?

I don't know, why it's taking so long. you should make an info roads appointment and see what's going on with your cases (you do have two, one of them will be denied, because you aren't able to file both!)

3. Help, Help, Advice

maybe you should get in contact with an immigration lawyer and see how he can help you!

[juliava 80]

You can not adjust status and you can not get a work permit if you marry an LPR, unless the person is a USC. If I were you,I would leave things the way they are; an immigration lawyer may inquire about your case if you wish, however I don't see how an immigration lawyer can speed up your process. I know the waiting is tough in your situation, I've been in your shoes, but there is not much you can do at this point.

Edited March 3, 2012 by juliava

[Soapz 14]

You still have about 4 to 5 years to go in each category until there is a visa number available.

I just checked the bulletin board:

Category 4(Brother and Sisters of Adult US Citizens) priority dates: October 2000 (Mexico: May 1996) (China/India: October 2000)

Category 2b (Sons/Daughters over 21 of Permanent Residents) priority dates: November 2003 (Mexico: December 1992) (China/India: November 2003)

So your dates are not up yet.

If you petition now as the spouse of a permanent resident it will take about 3 years, right now the priority date is July 2009.

Good luck!

[Harpa Timsah 13,258]

Overstay is not forgiven for brothers, or kids of residents, or spouses of residents. You are ineligible.

Edited March 3, 2012 by Harpa Timsah

[NigeriaorBust 4,087]

Your biggest issue at the moment is you are out of status. You can't ASO unless you have valid status unless you marry a USC. You will have to go home and face the ban.

[aleful 1,905]

hi there,

I would like some guidance on the following issues. I am 39 years old, single, out status alien(tourist visa expired, living in the us for about 7 years, clean record).I am about to finish my B.A in engineering in a US university in the Us east coast.

My girlfriend just became US resident(we have been living together for 6 years already) She holds an American Master's Degree.

Also I have filled two petition I130 processes:

1.I130 Immigrant petition US citizen brother: my Us citizen brother is petitioning me. We applied on September 2005. It is been 7 years already. Processing time as today: 13 months

2.I130 Immigrant petition US resident unmarried child over 21 : my Us resident mother is petitioning me. We applied on November 2007.It is been 5 years already.Processing time as today: 5 months

Questions.

In order to have an adjustment status which is my the best option

1. Should I marry her? If I marry her will my other two processes be void?. What benefits will I be granted in marring her? Can I apply for a work permit? if so, how long this work permit will take.

2. Should I wait for any of the two processes to be given a decision. Why my process by my us resident mom is taking so long?

3. Help, Help, Advice

Thank you

"Hope is the thing with feathers

That perches in the soul" Emily dickinson

ditto to Harpa,

you cannot adjust neither for any of them. and you are inelegible for the family petitions because you should have waited in your country of origin, you cannot adjust in country.

if you leave to have the interview in the future for your brother's petition, you will incur in a 10 year ban and there is no waiver through siblings.

if you leave to have your interview in the future for your petition through your mother, you cannot marry your girlfriend, and you will incur in the 10 year ban, and you will have to file a waiver and your mother do the hardship letter.

you don't say how your GF got her GC, but probably she will have to wait 5 years until citizenship. then she can file for you. in the mean time you can marry. you will lose your mother's petition because LPR cannot file for married children. you will have no benefits, no work permit, nothing.

if she were to file for you, spouses of LPR cannot adjust in country unless they have a valid visa, such as a student visa or work visa that is valid and will be valid during the more than 2 years of waiting. If not, then you would go through consular processing and incur in the 10 year ban once you leave, then you would have to file the waiver and your wife do the hardship letter.

so there is nothing you can do for now, marry her and wait until she can apply for citizenship in 5 years depending on how she obtained her GC, then she can file for you. the longer you are married the better.

[ceadsearc 515]

As mentioned, the only real option you have is to either return home and wait out your ban (10 years), or continue to stay here out of status for 5 more years until she becomes a citizen and can petition you. The two applications you have pending don't matter, because you are out of status so even when a visa becomes current you won't be able to use it unless you've already waited out your ban outside the country when the visa becomes available.

[NancyNguyen 1,657]

1. Forget about your mom and brother petitions, they are void now.

2. You cannot adjust of status even you wait until your visa is available, when you are married to a LPR. Only choice is married to a USC.

3. I believe you are in removal proceeding now.

[aaron2020 11,651]

1. Forget about your mom and brother petitions, they are void now.

2. You cannot adjust of status even you wait until your visa is available, when you are married to a LPR. Only choice is married to a USC.

3. I believe you are in removal proceeding now.

1. The petitions are not voided. The petitions filed by the brother and mother are still valid. The beneficiary being out of status on a tourist visa does not void them. Please be careful with your choice of words.

The petitions are still good. However, the overstay (a violation of US laws) makes the beneficiary inadmissible which means any immigration visa or adjustment of status will be denied.

In the case filed by the brother, there is no waiver possible. The only way to get a green card through the brother would be for the beneficiary to leave the US with a 10 years ban. After 10 years, he can apply for a visa based on this petition.

In the case filed by the mother, a waiver is possible if she becomes a US citizen. A waiver will not be granted when the petitioner is an LPR. She needs to be a US citizen in order to file for a waiver for her overstayed son. Additionally, it could be quite difficult to get a waiver.

3. How the heck did you come to the conclusion that Nacho72 is in removal proceedings right now?????? He did not mention anything related to this.

========================

To Nacho72,

By overstaying your tourist visa, you have screwed yourself on the petitions filed by your brother and mother. The petition filed by your brother is essentially worthless since you will not be able to get a waiver. The petition filed by your mother has only a slim chance of you getting a green card because you will need a waiver. Waivers are discretionary and only available when the petitioner is a US citizen spouse or parent.

Marrying a Legal Permanent Resident (LPR) gets you nothing. Your tourist visa overstay will not be forgiven based on marriage to an LPR. Filing to adjust yours status would be a big mistake. You will essentially throw money away at your lawyer, USCIS, and other fees. In addition, you will be informing USCIS where you live and that you are here illegally. Not a good result for you if ICE decides to deport you.

Only marriage to a US citizen will save your #######. Your visa overstay would only be forgiven based on marriage to a US citizen.

P.S. How the heck are you enrolled at an US university as a tourist overstay? What documents did you use to enroll? Did you use false documents that show you are a US citizen?

Edited March 3, 2012 by aaron2020

[belinda63 2,981]

I would like to reiterate that marriage to a USC at this point would raise serious questions of fraud. With the tourist visa overstay and two I-130 petitions pending unless he has very strong proof of a serious relationship with a USC to go along with the marriage any AOS would probably also be denied.

Everyone else is correct. You will not be able to adjust unless your mother becomes a USC or you marry a USC. As soon as you leave the US to interview based on either petition, as it stands, now you will incur a 10 year ban and the visa will be denied at the interview.

[Imagination 15]

P.S. How the heck are you enrolled at an US university as a tourist overstay? What documents did you use to enroll? Did you use false documents that show you are a US citizen?

You don't need US citizenship to enroll in US university. As long as you are paying International tuition fees, you are good.

Edited March 4, 2012 by Imagination

[JimVaPhuong 4,863]

You don't need US citizenship to enroll in US university. As long as you are paying International tuition fees, you are good.

Unfortunately, this is true in most states. In California, illegal immigrants can even pay in-state tuition if they can prove they went to high school in the state. Seems counter productive to subsidize the education of someone who will never be able to work legally in the state.

[Imagination 15]

Unfortunately, this is true in most states. In California, illegal immigrants can even pay in-state tuition if they can prove they went to high school in the state. Seems counter productive to subsidize the education of someone who will never be able to work legally in the state.

Why unfortunately? and why "never be able to work legally"? There are so many possibilities after education here. An employer can sponsor you. USC spouse can sponsor you. When a someone has spent all their life here, especially if they came here at a very young age, all they know about is the US. I don't think it makes sense to send them back as all they know about is US. But that different from the OP's scenario. Anyway, state is taking high tuition fees from students who are not resident of US in exchange for the education they are providing. I think it's fair. Whether the person goes back to his home country or finds a legal way to work in the US.

It seems that OP has almost all his family here and has been here for a long time, getting his education here, has his girlfriend here. Going back doesn't seem to be an option. I think just wait until your girlfriend is USC, marry, apply for AOS. Best of luck!

[Mike Z 8]

Unfortunately, this is true in most states. In California, illegal immigrants can even pay in-state tuition if they can prove they went to high school in the state. Seems counter productive to subsidize the education of someone who will never be able to work legally in the state.

scandalous! they want an education ?!?!

so you mean because they are illegal they really shouldn't get an education in the first place?

and with the in-state tuition, college is pretty much free anyway right?

still laughing...