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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Default Green Card Holder Marrying an Expired Tourist Visa Holder

    Hi,
    I am a green card holder and in May 2009 it would be already 4 years and 9 months, so I'll be able to file my application for becoming a resident!
    I am planning to marry my girlfriend who has been in USA for already almost 2 years without leaving- first came with a J1 visa, then changed it to a tourourist visa, and did one extension of the tourist visa after that! But currently she's in an illegal status, her last extension expired October 2009! She stayed here because we've been planning a wedding sometime February 2009!
    So my questions are:
    1. If we marry now in a few weeks, can she apply for an adjustment of status, before I've actually became a resident?
    Or she has to wait, so she can file an application when I file mine?
    Or she can file it only after I become a resident?

    2. I'm going to file my application May 2009, how long am I going to wait approximately till I become american?

    3. Is there someting like a deadline for being here out of status before you marry somebody (like you can't have been here for more than 1 year illegal to marry someone and get green card)

    Basicly - what would be the best thing to do now, so she could receive her pappers later and would be able to go back and visit her country?

    Thank you in advance
    Best regards

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Green Card Holder Marrying an Expired Tourist Visa Holder

    I would suggest that you naturalize before marrying, both to get her into a higher priority group and to avoid the scrutiny that an earlier marriage or petition might cause in your own case.

    There's also the question of whether she has a two year foreign residence requirement on her J1 - if so, marriage won't make it go away - she needs to qualify for and obtain a waiver, or spend two years living outside of the U.S. (and departure triggers her period of ineligibility if her overstay is more than 90 days).

  3. #3
    Join Date
    Jan 2009
    Posts
    2

    Default Re: Green Card Holder Marrying an Expired Tourist Visa Holder

    Thank you for the advice!

    No, she doesn't have this 2 year foreign residence on her J1 as far as I know - so I guess that's better!

    Basicly, if I apply for a residence in the beginning of May how long would it approximately take for me to become American, so that after that we can marry right away! Or we can do it after I sant the application (but before I actualy got the resedence??)... it's a little tricky!
    I'm asking because we need to plan a wedding... family and so on.. lots of things!

    Thank you so much
    Really appreciate!

    Best regards

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