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Marriage Based Green Card Overstay

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  • 09-29-2011, 10:48 PM
    727sok
    Marriage Based Green Card Overstay
    hi im 18 years old, and i came to the US from korea with a travelling visa when i was 5 years old. my parents came here and i had no idea i was illegal until wehn i was 16 cuz of college and driving. i had overstayed in US for idk years cuz i dont know how my visa worked but i came with a touring visa for sure. well my grilfriend who i was with for 4 years told me that she doesnt want me to get deported so she said she will marry me because she loves me and she wants me to stay in america. i also have to go to college here because america is my life and has been my whole life. so i was thinking about going to las vegas and getting married with her cuz i heard that in las vegas you can get married in 1 day. so i was thinking about sending my application for the green card then. so can you tell me what i hav eto do to get my green card after i marry my US-citizen girlfriend. im confused cuz i researched about this but they keep talking about having doucments of taxes and jobs and stuff, but we are both going to college and she barely turned 18 so she doesnt know about taxes and we wont be living together cuz we would have to live in dorms in college. but we will see each other cuz we are going to collegse in the same state. so i need help with this. i also dont have any criminal records or anything like that. i was a good student in school, above average percentile of the class. thank you :)
  • 09-30-2011, 05:45 AM
    lornaevo
    Re: Marriage Based Green Card Overstay
    I think it is a pretty straight forward process. You guys have to get married first off. Then file forms I485 and I130. The wait for a response.
  • 09-30-2011, 12:42 PM
    mmadsen55
    Re: Marriage Based Green Card Overstay
    Couple of items.

    Be careful when you say "she wants me to stay in america" I realize you also said because she loves you, but if you say this it can give the appearance that the marriage is only for the purpose of staying in the US.

    When you go through the process of the I130 & I485 you will have to provide evidence that your relationship is legitimate and that you have a life together. Some of those items include employment record, tax filings, current living address/situation. The more of this type of evidence and other things, the better it will be when evaluated by the ICE.

    Because of your age and cirumstances, you will be in short supply of of these types of evidence. You will need to be able to explain the situation clearly and as detailed as possible. Being full time student will explain the lack of employement, and also the fact that you do not live in the same place. This will be suspicious, but as long as you are clear, it should not be a disqualifying issue.

    Regarding taxes, if she has not filed for taxes on her own, there is a good chance her parents claimed her as a dependant. I am not sure, but it might be of help if you submit her parents tax returns where it show that she was listed as a dependant.

    One other factor that will relate to the Jobs, is that someone will have to sign an affidavit of support for you, indicating they will take on the financial responsibilty for you, so you do not use public funds (ie, welfare). If you and your girlfriend are not employed, then you probably will not meet the financial requirments necessary, and someone else will have to take on that responsibility. That is a big commitment.

    You are in a situation where the evidence is not strong. They simply cannot take your word that this is legitimate. It would be very beneficial to speak to a lawyer directly so they can go over all the info and help you out step by step.
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