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Hi I have a friend that's a resident his girlfriend is illegal she overstayed her visa if he were to marry her would that help her situation to stay in the United States

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Filed: K-1 Visa Country: Wales
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Eventually it would, certainly would not do any harm.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Taiwan
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No.....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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8 minutes ago, Shotta558 said:

Hi I have a friend that's a resident his girlfriend is illegal she overstayed her visa if he were to marry her would that help her situation to stay in the United States

Currently, no: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3 If he becomes a citizen, then the bar to adjustment wouldn't apply to her. The caveat is that the N-400 asks about spouse's immigration status: https://www.uscis.gov/system/files_force/archive/delete/n-400.pdf Part 10 Question 7.C.

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Filed: K-1 Visa Country: Wales
Timeline

A longer process but an option assuming the Friend wants to participate there is a route.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Colombia
Timeline

If OP's friend, as a resident, acquired his green card through marriage (now presumably divorced), isn't there a further delay, beyond naturalizing, before he can submit an i130 application?

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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Filed: K-1 Visa Country: Wales
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He said he was a resident, there seem to be an assumption that means LPR and it may or may not.

 

Assuming he is a LPR then there are still options and without knowing ore info difficult to say which would be best. This also assumes he would want to, maybe they were thing marriage by itself would deal with the situation, who knows?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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12 hours ago, Shotta558 said:

Hi I have a friend that's a resident his girlfriend is illegal she overstayed her visa if he were to marry her would that help her situation to stay in the United States

@Shotta558, the short answer is no. But we need more info.

 

How did your friend obtain his green card? And how long has he had it?

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: K-1 Visa Country: Wales
Timeline

Well he has options, does he want to marry her and go through the process.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to Bringing Family of Permanent Resident, from US Citizenship General Discussion.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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3 hours ago, Shotta558 said:

Unlockable he got his residence through marriage he's divorce he had the residency about 3 years

You mean he has had his green card 3 years? But now divorced? When was his ROC complete? 

He can apply for naturalization after he has had his GC five years (it could take another year after applying to actually become a citizen). Once he has done that, assuming his application is successful, he can marry and apply for her, if she has not yet been deported by then, then her overstay will be forgiven. 

I feel compelled to point out that with such a short marriage/divorce/new relationship serious enough to look at marriage process, he should probably expect quite a lot of scrutiny during his citizenship application. 

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21 minutes ago, SusieQQQ said:

he should probably expect quite a lot of scrutiny during his citizenship application. 

And the DOJ's strict interpretation of 8 U.S. Code § 1324(a)(1)(A)(iii) would result in a "Yes" answer for Part 12 Question 22 of the N-400 once they start living together.

https://cliniclegal.org/sites/default/files/finalharboring103107logo.pdf

https://www.ilrc.org/sites/default/files/resources/naturalization_field_guide-20181221.pdf

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