Pls help!!!

[anahit 0]

Hello to everyone

My problem is the following:

My fiance is a green card holder based on a political asylum case and is in USA at present.When I was visiting him in 2006 on a tourist visa ,I got pregnant and had to apply for an extention of stay because of my pregnancy, but my case still being pending I had to return to my country on some family conditions ,while 8 month pregnant, so the baby was born in my native country.

Two years later I got pregnant with the second child, while we were spending a vacation together.The baby was born in my native country as well.

Finally we came to a decision to reunite the family, but have no clue how to do that, as my fiance isn't aloud to come to our native country and I can hardly get a visa with two children (honestly, i have never tried to apply, as everyone says the chances are too small,as besides my two children the last time when I was in USA on 6 month visa I applied for the extention of stay and although I was constantly in touch with the immigration services and my case was still pending at the time I had to return, it is not that good for getting a visa)

My fiance isn't eligible for citizenship for the next few years, and we are two loving people with two children who want to get married and don't know how?

pls suggest us what can we do?

Thanks in advance to everyone who tries to help!!!

[Penguin_ie 5,994]

While he is still a greencard holder, he cannot petition you for a fiance visa, so you'd need to get married first, then he can petition you for a spousal visa. Is there a third country you could meet in and get married?

[anahit 0]

Thanks for the advise!

Yes,I think it's possiable the only problem is that he doesn't have any passport only a green card. Do you think it is possiable to get married only with green card in any countr other than USA?

[anahit 0]

And i am worried with the fact that the last time i was in usa i filed for the extention of stay and although my case still pendin i returned to my country, i am worried that it may be connsidered an overstay and be a reason for denyal of a green card after we get married?

[JimVaPhuong 4,863]

Thanks for the advise!

Yes,I think it's possiable the only problem is that he doesn't have any passport only a green card. Do you think it is possiable to get married only with green card in any countr other than USA?

He wouldn't want to leave the US without a passport. He wouldn't have trouble leaving the US, but he'd have trouble entering any other country. I understand that being granted asylum means he claimed he can't return to his home country for fear of persecution or bodily harm. That might make it very difficult for him to get a passport because he'd have to go to his home country's consulate to apply for the passport. If this is something he can't resolve then he might have to wait until he becomes a US citizen and gets a US passport.

Marriage laws vary widely from one country to another. You'll have to check out the laws in the country where you wish to marry.

And i am worried with the fact that the last time i was in usa i filed for the extention of stay and although my case still pendin i returned to my country, i am worried that it may be connsidered an overstay and be a reason for denyal of a green card after we get married?

Did you submit your extension of stay application before your I-94 expired? If so then you should be ok. Filing an extension of stay application doesn't change the expiration date on your I-94. You'd still be out of status when your I-94 expired. However, you would not be accumulating unlawful presence time while your extension of stay application was pending, and that's the only thing that matters. As long as you left while you extension of stay application was still pending then you didn't accumulate any unlawful presence, and you wouldn't have incurred a ban from entering the United States. It shouldn't affect your visa application.

[anahit 0]

Thank you so much for your detailed reply!!! I realy appritiate that!

Yes I applied for the extention of stay 2 month before the I-94 was expired and was in contact with the immigration services while my case was pending.I informed them of my change of adress, then they asked me to specify the reason why I want to prolong the visa and also inqired about my income.The specifications were naturaly sent to them. And even when I was leaving the country I sent them a letter informing of my urgent departure, though I don't have a proof that they got it.

And one more thing worries me.While pregnant, I had to apply for medicaid ( free prenatal health care service),can it be a reason for any sort of problem while recieving a green card?

thanks in advance!!!