It's Complicated! (advice needed)

[nychelp 0]

My fiance is from Korea and has been living illegally in the U.S. for several years (she has long overstayed her tourist visa). She has a couple of misdemeanors and possibly one felony - all related to prostitution. She is now a legitimate small business owner with a 4 y.o. son who was born in the U.S. and is an American citizen.

With these facts in mind, can anyone please advise on:

1. How long will it take after we marry for her to be able to leave the country and return safely?

2. Will she be able to leave and return with an Adjustment of Status or does she need to wait for the full green card?

3. What happens to this whole process if we divorce before she gets whatever is necessary for her to travel and return to the US?

Whatever advice and general information you could share would be greatly appreciated!!!

Thanks in advance!

[amykathleen2005 441]

She will not be able to adjust status due to the prostitution charge. That plus the other crimes and overstay make it highly unlikely she will ever be able to remain in the US legally.

[Brother Hesekiel 2,235]

1. How long will it take after we marry for her to be able to leave the country and return safely?

She can leave the country at any time. She won't be able to return as drugs and prostitution are among the "real" deal breakers when it comes to immigration.

2. Will she be able to leave and return with an Adjustment of Status or does she need to wait for the full green card?

She will not be able to get a visa to the United States again. She will not be able to adjust status either. She will not get a Green Card.

3. What happens to this whole process if we divorce before she gets whatever is necessary for her to travel and return to the US?

She will not be able to return to the United States again unless she is "sneaking in". Her child can remain here, as it is a US citizen though. If she has full custody, she can decide if she wants to take the child with her to Korea. If she and the father have joint custody, she would need the written permission of the father. If she takes the child with her without permission, she would add another felony charge to her resume, this one for kidnapping.

[JimVaPhuong 4,863]

My fiance is from Korea and has been living illegally in the U.S. for several years (she has long overstayed her tourist visa). She has a couple of misdemeanors and possibly one felony - all related to prostitution. She is now a legitimate small business owner with a 4 y.o. son who was born in the U.S. and is an American citizen.

With these facts in mind, can anyone please advise on:

1. How long will it take after we marry for her to be able to leave the country and return safely?

2. Will she be able to leave and return with an Adjustment of Status or does she need to wait for the full green card?

3. What happens to this whole process if we divorce before she gets whatever is necessary for her to travel and return to the US?

Whatever advice and general information you could share would be greatly appreciated!!!

Thanks in advance!

How long has it been since her last prostitution conviction? If it's been more than 10 years then it might no longer be an inadmissibility.

The statement I bolded above cannot be true. She cannot be both illegally in the United States AND a legitimate small business owner. Without lawful presence, she cannot legally work or operate a business in the United States. If she obtained a Social Security or tax ID number under false pretenses then you can add another potential immigration "gotcha" to her list. If she lied about being a US citizen in order to get an SSN, tax ID number, or business license then she could potentially be facing a lifetime ban from the US, without the possibility of a waiver.

Item #1 and #2: She cannot leave until the AOS is approved. She has been unlawfully present in the US for more than 1 year. If she leaves, even with advance parole, she will not be able to reenter the US. She will receive an automatic 10 year ban upon leaving.

Item #3 in your list is bothersome. It gives the impression you're considering marrying her only so she can leave the US and return legally. If you divorce before the AOS is approved then the AOS application is terminated. If you're considering helping her for any reason other than a genuine relationship, I strongly urge you to reconsider. She could be deported, but you could go to jail.

A consultation with a qualified immigration attorney is definitely justified here. There are several potential problems here, and you can expect USCIS to go over this case with a fine tooth comb.

[Darnell 8,478]

Suggest (to the OP) - that you study much over at http://www.immigrate2us.net/

re: 2. Will she be able to leave and return with an Adjustment of Status or does she need to wait for the full green card?

I'm sorry, the question is flawed. IF, you are assuming it's ok for her to leave USA after she files for AOS, prior to green card arrival, that's just dead wrong, as any 'leave the USA' will trigger an automatic 'abandonment of AOS case' with USCIS.

If she has hope of returning to Korea, then returning to USA legally -

she must have some valid greencard in hand - so

she must wait until the greencard is awarded.

However, I don't think that (awarding of green card) will happen, based on her arrests. One thing that may sway in her favor - is the abscence of any convictions. So - please list exactly what she was CONVICTED of ?

Anyway, you'll find some other pointed info over at http://www.immigrate2us.net/ - take some time, study a lot of the posts there...

Good Luck !

(ps - I concur with Jim, here, on this one)

Edited October 7, 2010 by Darnell

[nychelp 0]

Assuming everything goes smoothly (as smoothly as it can go), how long are we talking for a Green Card to be awarded from date of marriage?

[LIFE'SJOURNEY 970]

Assuming everything goes smoothly (as smoothly as it can go), how long are we talking for a Green Card to be awarded from date of marriage?

Anywhere from 1 to 10 years or NEVER. It seems as if you are not reading the responses. But good luck on whichever decision you'll venture apond.

[belinda63 2,981]

What the prior posts have been telling you is that she does not qualify for a green card. You can pay the money and file but she will be denied. Section 212 of the immigration and nationality act makes her inadmissible to obtain a visa and ineligible to adjust status.

[belinda63 2,981]

Sorry waited to long to edit. Technically Jim is correct, she can apply for AOS if it has been more than ten years since the prostitution charges. I really believe given several charges and her illegal legitimate business that she has a zero percent chance of obtaining a green card.