Marriage to a Green Card Holder

[phoenix4567 0]

I have recently had my VAWA application denied. I am British & currently in the US. I am seeing a green card holder. At some stage soon he will be divorced. If we then got married how would immigration look on that as far as me getting a green card as I would be out of status. I imagine it would be difficult to convince them this was a genuine marriage. Has anyone had any experience similar to this.

[Harpa Timsah 13,258]

If you overstay, you cannot get a Greencard through marriage to a LPR. Overstay makes you inadmissible. It does seem as if you are just grasping at straws to stay in the country. Your boyfriend is not even divorced yet. All red flags.

Edited June 4, 2012 by Harpa Timsah

[LIFE'SJOURNEY 970]

If her VAWA was based on a K1 visa, can she even marry and AOS.

[Sandra G. 5,023]

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Edited June 4, 2012 by sandranj

[JohnR! 5,495]

I have recently had my VAWA application denied. I am British & currently in the US. I am seeing a green card holder. At some stage soon he will be divorced. If we then got married how would immigration look on that as far as me getting a green card as I would be out of status. I imagine it would be difficult to convince them this was a genuine marriage. Has anyone had any experience similar to this.

As pointed out, the main issue is that by falling out of status would complicate a lengthy process even more. If you guys are serious about getting married, your fiance should consider applying for citizenship, upon the end of which he could apply for a K-1 visa for you so you could come to the US with the purpose of getting married and staying in the country.

[Sandra G. 5,023]

The Immigration Law states INA 245(d) that a K-1 visa beneficiary cannot adjust status and become a permanent resident based upon marriage to a person other than the original K-1 visa petitioner!.If you want to get married with him you will have a long road ahead, first you must leave the USA, second you have two options you can wait for him to become an US Citizen and then apply K1 or CR1 visa, or get married with him now but you have to leave the USA and file for F2 visa, it will take a few years to get an immigrant visa number once there are just 14,200 immigrant visas reserved yearly for F2 category immigrants.Good luck.

Edited June 4, 2012 by sandranj

[phoenix4567 0]

I am not a K1 visa holder or applicant so those replies do not apply. No not clutching at straws to stay, why would I ? Just looking at my options before I make the decision to go home.

If you overstay, you cannot get a Greencard through marriage to a LPR. Overstay makes you inadmissible. It does seem as if you are just grasping at straws to stay in the country. Your boyfriend is not even divorced yet. All red flags.

That is incorrect. Overstay does not make me inadmissible. Check your facts.

[aleful 1,905]

I am not a K1 visa holder or applicant so those replies do not apply. No not clutching at straws to stay, why would I ? Just looking at my options before I make the decision to go home.

That is incorrect. Overstay does not make me inadmissible. Check your facts.

that is incorrect. you cannot adjust status in country married to a LPR. You also have more than 2 years of waiting and you will go through consular processing. If you overstay, when you leave you will have incurred in a 10 year ban, having to file a waiver and your husband write the hardship letter.

overstay isn't forgiven for spouses of LPR, they aren't qualifed to adjust status in country unless they are here under a legal visa, such as a student visa or work visa, but they can't overstay not even a day.

[Anh map 2,098]

*Moved from Bringing Family Members of US citizens forum to Effects of Major Changes forum*

[Sandra G. 5,023]

I am sorry i have no idea why i though you came to Us with k1 visa .Uscis will forgive unlawful presence just for relatives of U.S. Citizen not for relatives of green card holders.

I am sorry i have no idea why i though you came to Us with k1 visa .Uscis will forgive unlawful presence just for relatives of U.S. Citizen not for relatives of green card holders.

[AmyWrites 593]

I think you'll have a very difficult time even proving a bonafide marriage.

[kzielu 1,147]

that is incorrect. you cannot adjust status in country married to a LPR. You also have more than 2 years of waiting and you will go through consular processing. If you overstay, when you leave you will have incurred in a 10 year ban, having to file a waiver and your husband write the hardship letter.

overstay isn't forgiven for spouses of LPR, they aren't qualifed to adjust status in country unless they are here under a legal visa, such as a student visa or work visa, but they can't overstay not even a day.

To be more specific, it is possible to adjust status in US when there is visa number available / priority date is current - which takes 2-3 years and for that entire period any unlawful presence makes beneficiary not eligible to adjust status.

Bottom line - any illegal presence and OP is out of the game for a while...

[AmyWrites 593]

I think you'll have a very difficult time even proving a bonafide marriage, forgetting the overstay issues.

[ceadsearc 516]

I am not a K1 visa holder or applicant so those replies do not apply. No not clutching at straws to stay, why would I ? Just looking at my options before I make the decision to go home.

That is incorrect. Overstay does not make me inadmissible. Check your facts.

You need to check your factors. Overstay is forgiven for spouses of CITIZENS, not spouses of permanent residents. You said your boyfriend was a green card holder, so not only will any overstay not be overlooked, but it is a 2.5 year wait for a visa to be available - during which time you cannot be out of status.