This is a unique case... I hope someone will help

[botond 0]

Hello, 

So here is my story, it will be long but I hope someone can help because I'm losing it... 

I got greencard through my father, when I was 20 - in 2010 Summer, I took my greencard and I went home to my home country which is Romania. After this, I stayed one year to finish college (unfortunatelly I couldn't finish it), after this year, I cam back in US and I stayed a year in PA. After a lot of thinking, I said I don't want to waste my money, I will go back and I will finish my college, and I went home, stayed a year and came back again with a degree. This was in 2014 September. So basically, I'm a lawful resident since 2010 I lived in the US for the past 30 months, so theoretically I could apply for my naturalization. I went to the USCIS website and checked through the steps. I found that I'm not eligible since I never did my federal selective registration, not because I don't wanted to but because I had no clue that I need to do this. Because of a lawyers advice, I filed it today (I'm 28), let's see what comes back. If it comes back as declined ( which is the case ), I can still get a status information letter, but even with that it's risky before I turn 31 - that's in 3 years. 

Now step 2 is that I met someone in 2017 August, she is hungarian. We had this long distance relatinship since then and everything is good with the relationship. We were thinking to go one step further and we want to mary, since as I heard there is no fiance viza if I'm a greencard holder. Now my strenght becomes my loss, since I'm a greencard holder, applying for her visa is complicated and at this point I don't even understand. It might take up to 4-5 years which is crazy. I don't know where would my relationship go until then if we need to live 7000 miles apart. This would be a loe story if we could get together and if she could stay here with me legally. I love being here and I love this country, but I'm already 28, I feel like I found the best partner for myself and I will give up my greencard and the chance of being a citizen if I cannot do anything sooner than those 4-5 years. PLEASE HELP ME OUT, I'm one of those who tryes to do everything legally, please respect this and please let me know your thoughts... Thank You!

[Cyberfx1024 7,978]

2 minutes ago, botond said:

Hello, 

So here is my story, it will be long but I hope someone can help because I'm losing it... 

I got greencard through my father, when I was 20 - in 2010 Summer, I took my greencard and I went home to my home country which is Romania. After this, I stayed one year to finish college (unfortunatelly I couldn't finish it), after this year, I cam back in US and I stayed a year in PA. After a lot of thinking, I said I don't want to waste my money, I will go back and I will finish my college, and I went home, stayed a year and came back again with a degree. This was in 2014 September. So basically, I'm a lawful resident since 2010 I lived in the US for the past 30 months, so theoretically I could apply for my naturalization. I went to the USCIS website and checked through the steps. I found that I'm not eligible since I never did my federal selective registration, not because I don't wanted to but because I had no clue that I need to do this. Because of a lawyers advice, I filed it today (I'm 28), let's see what comes back. If it comes back as declined ( which is the case ), I can still get a status information letter, but even with that it's risky before I turn 31 - that's in 3 years. 

Now step 2 is that I met someone in 2017 August, she is hungarian. We had this long distance relatinship since then and everything is good with the relationship. We were thinking to go one step further and we want to mary, since as I heard there is no fiance viza if I'm a greencard holder. Now my strenght becomes my loss, since I'm a greencard holder, applying for her visa is complicated and at this point I don't even understand. It might take up to 4-5 years which is crazy. I don't know where would my relationship go until then if we need to live 7000 miles apart. This would be a loe story if we could get together and if she could stay here with me legally. I love being here and I love this country, but I'm already 28, I feel like I found the best partner for myself and I will give up my greencard and the chance of being a citizen if I cannot do anything sooner than those 4-5 years. PLEASE HELP ME OUT, I'm one of those who tryes to do everything legally, please respect this and please let me know your thoughts... Thank You!

So from 2014 to now you never filed for SS, so why did you want so long to file? You could have filed for SS back then and you would have been fine. 

 

Also you two can get married and you file for her as a GC holder.which that process is 2 years now.

[botond 0]

The problem is not that I don't wanted to file the SS,  my father had full control over the paper works. All I did is just the signing part... back then I was different. I didn't really cared. 

 

If we get married and i file for her GC, can she stay in the states with me or she should wait in Hungary until she gets the ansver at the Visa Comettee ?

[little immigrant 800]

She'd have to stay in her country. 

[botond 0]

@little immigrant Is that the best possible way for us? What is she comes out here, we marry here and we file all the forms from here ? 

[Going through 5,668]

13 minutes ago, botond said:

@little immigrant Is that the best possible way for us? What is she comes out here, we marry here and we file all the forms from here ? 

It's fraud to cross into the US with the intent to immigrate, in her case.  Legally, she can MARRY in the US---but she MUST go back to her home country.

 

 

Edited January 15, 2019 by Going through

[botond 0]

if she comes here, we marry here and she can stay here legally, after 150 days can we request working permit for here ? Can she even get a driver licence ?

[Going through 5,668]

7 minutes ago, botond said:

if she comes here, we marry here and she can stay here legally, after 150 days can we request working permit for here ? Can she even get a driver licence ?

Not sure what you misunderstood about how she MUST go back to her home country after marrying.

 

She CANNOT stay in the USA and file paperwork to get a green card while remaining IN the USA.  She cannot work in the US on a tourist visa (and she has no legal basis to request a work permit in the US. )

 

There is no way she can legally do what you are planning.  

 

Edited January 15, 2019 by Going through

[payxibka 10,044]

6 minutes ago, botond said:

if she comes here, we marry here and she can stay here legally, after 150 days can we request working permit for here ? Can she even get a driver licence ?

No and no 

[botond 0]

I agree with the previous commentator that it's a fraud if someone comes here for a fake mariage, but it's not the case with us. So My next question is id she comes here, and we get married she is supposed to go home for her paperwork, I get that. But during to that "2 year period" she can basically not visit me ? Me with my 2 week vacation/year should I sustain the relationship throughout a year x2 or 3 or 4 ? 

 

[payxibka 10,044]

2 minutes ago, botond said:

I agree with the previous commentator that it's a fraud if someone comes here for a fake mariage, but it's not the case with us. So My next question is id she comes here, and we get married she is supposed to go home for her paperwork, I get that. But during to that "2 year period" she can basically not visit me ? Me with my 2 week vacation/year should I sustain the relationship throughout a year x2 or 3 or 4 ? 

 

She can visit subject to normal entry inspection 

 

Fraud also occurs if you try to use a nonimmigrant entry as a part of s plan to circumvent the immigration process 

Edited January 15, 2019 by payxibka

[botond 0]

how long is that @payxibka ? 3 months a year ? I mean can you please give me a bit detailed answer ? I don't know what the 'normal entry inspection' is.

Edited January 15, 2019 by botond

[SalishSea 16,746]

Just now, botond said:

how long is that @payxibka ? 3 months a year ?

It would be completely up to the CBP officer at her port of entry.

[Ontarkie 13,902]

Yes she can visit. 

I do want to mention all visas are taking awhile even for a USC 10-14 months.

She would not be waiting much longer with you being a permanent resident. Get married asap and file asap and she will be here soon enough. 

[payxibka 10,044]

Just now, botond said:

how long is that @payxibka ? 3 months a year ?

Only the cbp decides but an unofficial rule of thumb us 2 days out for every day in