How to marry a green card holder as an overstayed ESTA visa holder and live together?

[Dashinka 23,237]

8 minutes ago, 1pnb said:

 

Green Card Lottery

No, it was Green Card Lottery

Then that won’t be a big concern for the F2A.

 

Good Luck!

[JFH 12,189]

So she will be able to file for you but you must return home now (if you have not already done so) as you are currently in unlawful presence in the US if you are beyond your 90 days on the VWP. You also will no longer be able to visit during the process using the VWP. Even an hour of overstay on the VWP permanently excludes you from using it again. You can attempt to get a B-2 to be able to visit but your visa fee is more likely to be a donation to the Christmas party than get you a visa after an overstay and with proven immigration intent. 

[HRQX 4,145]

35 minutes ago, JFH said:

You also will no longer be able to visit during the process using the VWP. Even an hour of overstay on the VWP permanently excludes you from using it again.

Read the initial post. The 90 days expire on 08/19/20. If they rush (e.g. Las Vegas), they can still get married in the US and OP can leave before the 90 days are up.

Edited August 10, 2020 by HRQX

[JFH 12,189]

3 minutes ago, HRQX said:

Read the initial post. The 90 days expire on 08/19/20. If they rush, they can still get married in the US and OP can leave before the 90 days are up.

Good. I read it as 8/9 for some reason. So he has 9 days. Plenty of time to get married in Vegas, among other places. 

[Amadia 711]

Am I the only one who thinks that, even after all the logical and direct advice with excerpts and links to same, OP will stay and not return to the home country? 

[HRQX 4,145]

6 minutes ago, Amadia said:

OP will stay and not return to the home country? 

In that case, OP's girlfriend would eventually need to answer "Yes" to "Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?" (and provide detailed info) on Form N-400. Harboring an unauthorized alien is a federal offense: https://www.justice.gov/archives/jm/criminal-resource-manual-1907-title-8-usc-1324a-offenses

Edited August 10, 2020 by HRQX

[Lucky2Lucky 2,526]

12 minutes ago, Amadia said:

Am I the only one who thinks that, even after all the logical and direct advice with excerpts and links to same, OP will stay and not return to the home country? 

Nope, same thoughts especially Since OP never returned 

[nastra30 1,980]

No path to adjustment at this point. Best thing is to try and maintain your ESTA so you can keep seeing your gf. If you've overstayed ESTA you are in big trouble.

[HRQX 4,145]

10 minutes ago, nastra30 said:

so you can keep seeing your gf.

Note that if he leaves without marrying her, then he'll be subject to Schengen Area proclamation (I assume he resides in Lithuania). That is why marrying ASAP (9 days is more than sufficient time) and leaving before the 90 days are up is the best course of action.

Edited August 10, 2020 by HRQX

[SalishSea 16,770]

1 hour ago, HRQX said:

In that case, OP's girlfriend would eventually need to answer "Yes" to "Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?" (and provide detailed info) on Form N-400. Harboring an unauthorized alien is a federal offense: https://www.justice.gov/archives/jm/criminal-resource-manual-1907-title-8-usc-1324a-offenses

To the OP:  In case you are unfamiliar with the N-400, what this means is that if you overstay, it could be a big deal when it comes to your GF's path to US citizenship.

[HRQX 4,145]

27 minutes ago, Jorgedig said:

it could be a big deal when it comes to your GF's path to US citizenship.

Yup. Also, I forgot to mention "Current Spouse's Immigration Status" area on Form N-400. Any willful material misrepresentation on her part adds more problems.

Edited August 10, 2020 by HRQX

[Cornflake 108]

3 hours ago, Jorgedig said:

To the OP:  In case you are unfamiliar with the N-400, what this means is that if you overstay, it could be a big deal when it comes to your GF's path to US citizenship.

In papers yes, but in real life I know a couple who has pretty much the same story. Long story short, her husband overstayed and she got citizenship without any problem. 

 

I'm not saying that's the right way to do it. I'm saying that I personally know someone who got citizenship while being married to a person who is in the US without any status. 

[SusieQQQ 11,584]

8 hours ago, Amadia said:

Am I the only one who thinks that, even after all the logical and direct advice with excerpts and links to same, OP will stay and not return to the home country? 

Possibly, then his “might need a lawyer” might become more concrete when deportation and bans come into play. 

[SalishSea 16,770]

On 8/10/2020 at 6:23 PM, Cornflake said:

In papers yes, but in real life I know a couple who has pretty much the same story. Long story short, her husband overstayed and she got citizenship without any problem. 

 

I'm not saying that's the right way to do it. I'm saying that I personally know someone who got citizenship while being married to a person who is in the US without any status. 

Material misrepresentations can lead to denaturalization.   

[Cornflake 108]

1 hour ago, Jorgedig said:

Material misrepresentations can lead to denaturalization.   

What do you mean misrepresentation? She never lied about anything.