can i marry someone with greencard and file here in america

[John555 0]

i came with B2 visa and it has expired and i'm planing to marry a green card holder next month and i want to know if i can apply for a green card here in america after our wedding or must i go to my home country and apply. my wife will turn citizen in the next one year.. please i need advice.

[Hypnos 6,579]

Your wife can file an I-130 for you under the F2A family preference, but you would need to depart the US before your period of authorised presence expires.

It will take approximately 1-2 years before you receive your visa, depending exactly on if/when your wife naturalises and is then able to upgrade her petition to an immediate relative petition.

[BigDaddy28 228]

If your authorized stay you were given at the airport has expired that means you are staying here illegally. The illegal stay is not forgiven for spouses of green card holders. That means if you apply now you will end up denied. You can go back to your home country however that will trigger a ban on you once you cross the border. But you can file for a waiver if your wife applied for an I130 once she becomes a citizen. If your intentions were not to immigrate here I would say get married wait until your wife becomes a citizen and than file for adjustment of status.

Somebody else can give you a better advice if there is one. Good luck.

[Boiler 46,840]

You would be better marrying someone who is a US Citizen.

[Penguin_ie 5,999]

***** Moving from CR-1 progress forum to AOS from Tourist Visa as Op is asking about that process *****

[John555 0]

Thank you guys for your replies.... Please I want to know if I can apply for my green card after my wedding and when my wife citizenship comes out I will send it as supporting document to them... Advice please

[marianath 27]

If your authorized stay you were given at the airport has expired that means you are staying here illegally. The illegal stay is not forgiven for spouses of green card holders. That means if you apply now you will end up denied. You can go back to your home country however that will trigger a ban on you once you cross the border. But you can file for a waiver if your wife applied for an I130 once she becomes a citizen. If your intentions were not to immigrate here I would say get married wait until your wife becomes a citizen and than file for adjustment of status.

Somebody else can give you a better advice if there is one. Good luck.

You were already given a direct to the point answer

Thank you guys for your replies.... Please I want to know if I can apply for my green card after my wedding and when my wife citizenship comes out I will send it as supporting document to them... Advice please

You will not receive a greencard because your application will be denied as your wife is not yet a USA Citizen and you are here illegally..

See above post....best answer

Edited September 2, 2016 by marianath

[dwheels76 5,484]

Thank you guys for your replies.... Please I want to know if I can apply for my green card after my wedding and when my wife citizenship comes out I will send it as supporting document to them... Advice please

You just asked the exact question. scroll up and read the response to your question you ask.

And just to clear up "YOU don;t apply for a green card. The petitioner is applying. You would be waiting over a year you say for her to be a citizen. Which means you will be illegal all this time. You can't work or anything. Not a good plan at all.

[caliliving 606]

Tell the greencard holder to apply to be a USC.

as a greencard holder, you need to depart before your stay expires and it will take 1-2yrs. IF you overstay (and i dont recommend this) then the greencard holder needs to become a USC before you can petition for the greencard as an overstay is only forgiven when married to a USC.

[Anitafeliz 1,133]

AND THIS!!!!!

Is why other people in this embassy cant catch a break. Because of irresponsible people.

GO home and follow procedure. If you overstayed you will be denied. Shes not a USC for your overstay to be forgiven.

Edited September 2, 2016 by Anitafeliz

[JFH 12,192]

If you are hoping that people here will help you to do something which isn't legal, you've come to the wrong place.

You are already in overstay. You need to leave the USA quickly. If you get married after removal proceedings start, you open up a whole new can of worms. All it takes is a random traffic stop for a faulty tail light or something and you could find yourself in serious trouble.

If you are genuinely in love, the love will survive the wait for your visa.

Edited September 2, 2016 by JFH

[Ash.1101 1,756]

If you are hoping that people here will help you to do something which isn't legal, you've come to the wrong place.

You are already in overstay. You need to leave the USA quickly. If you get married after removal proceedings start, you open up a whole new can of worms. All it takes is a random traffic stop for a faulty tail light or something and you could find yourself in serious trouble.

If you are genuinely in love, the love will survive the wait for your visa.

The highlighted part 100%.

If you truly love her, you will do things the right way and wait for the visa.

Also, calling your fiance (she's not your wife yet) a green card holder before anything else looks sketchy. Most people won't respond very positively because it looks like you're wanting to marry a green card holder, instead of the love of your life.

[Harpa Timsah 13,259]

I am fairly surprised at the bad advice in this thread. It must be on the front page or something. The OP has already overstayed. If he goes home he will get a 10 year ban. People used to get advice that they had to wait for people to become USCs to file for AOS all the time. Now apparently a new brigade thinks the sensible option is inappropriate.

Ridiculous.

[Mounat 74]

I am fairly surprised at the bad advice in this thread. It must be on the front page or something. The OP has already overstayed. If he goes home he will get a 10 year ban. People used to get advice that they had to wait for people to become USCs to file for AOS all the time. Now apparently a new brigade thinks the sensible option is inappropriate.

The brigade argues that sensible is not legal, in this case. Something about the rules of the site. But since the overstay (and 10-year ban) ship has sailed, the advice to go home is indeed moot now. OP already knows what to do.

Good luck.

[Boiler 46,840]

Do we know if he has a bar? All that I can see is that his visa has expired, no mention of status.