U.S. Citizen Marrying a Salvadorean
Dear Ladies and Gentlemen:
My girlfriend entered the US in August 2002 illegally. She did file for TPS prior to 11/2002 and did receive a work permit in the US. She has been reapplying once it expires and to this date still has a valid work permit in the US. So at this time I would like to know what our options will be, if any, once we get married. I did not know it was such a headache these days but I understand why but it seems to me that in her situation there should be a easy resolution and we will just need to fill out forms and maybe wait some months and then her status will change.
Very thruly yours,
State: MD
Re: US Citizen Marrying a Salvadorean
This does have a few more complications than normal marriage/adjust status. You definately should be speaking directly with a good immigration attorney.
According to this document, if she arrived after February 2001, she should not be eligible for TPS. It says a Salvadorean entering after will be processed with the normal immigration laws.
http://www.uscis.gov/files/pressrelease/TPSQ_030201.pdf
I am unsure how she got the TPS...but if she is subject to the post 2001 rules, then she would have a very difficult time adjusting her status based on marriage, since she entered illegally.
If someone comes into the US legally, and overstays, they can adjust the status based on marriage. However, if they come illegally, then most likely will not be allowed to adjust status, and will be deported and subject to a 10 year ban on re-entry.
Here is a link to the process to adjust the status based on Marriage.
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
Re: US Citizen Marrying a Salvadorean
mmadsen55,
Thanks for the reply! After discussing further with my G/F she is not sure on when she arrived to the States. Although now it looks like in 2001 because she was here months before 9/11. Either way, she did state that she did have help filling out application for TPS so it is very possible that false information was filed on original application in regards to actaul date of arrival to the USA. For the sake of argument, if her actual date does fall into the eligble date for TPS, is there any chance that she would be able to change her status without being banned from the US for 3-10 yrs? The more I read and hear stories, it looks like this situation will cost a lot of money and there are no guarantees that she will be banned from the US for many yrs.
Re: U.S. Citizen Marrying a Salvadorean
Two things for sure...
Yes, it is going to cost a lot of money...assuming the adjusting status through marriage, it will be anywhere from $2000-$5000 or more, depending on how much a lawyer would charge.
No, there will never be any guarantees.
Normally, if a person enters illegally, there is NO STATUS to be able to adjust.
However, since your girlfriend does have a status, TPS, then I would "think" she should be able to adjust it based on your marriage. If there is any doubt on how she got the status, and whether it may have been improper, you will have problems. This is why you need to consult an attorney to have them do some research to find out.
(some people here are attorneys'but dont always give concrete answers..others are like me who have been through the process)
But even if that were the case, the process to adjust is not guaranteed. Just because you are married, does not mean automatic approval to adjust status. The best way to describe the process is that the ICE will assume you are marrying her only to help her gain immigration status (marriage fraud), and you will have to prove that you have a real relationship. So right now, start gathering as much evidence as you can..pictures, letter, any bills you have in common before and after a marriage.