PLEASE HELP!!! Want to marry her but she is illegally here!!

[grambo112233 0]

Hi. Glad I found this site. I have a quick question. I am a us born citizen. I am a 38 year old male, and I met a woman (28) from Brazil, about 10 months ago. We now live together. I do not want to go into particulars, but she came here on a tourist visa, with her 6 year old daughter, and never left. Our love is genuine, so I am not worried about fraud at all, we sleep in the same bed every night. We want to get married, but we do not have a lot of money, so I am trying to do this without a lawyer. However, I do not want to get her deported either. Does anyone know, what the procedure would be to file for whatever kind of visa I need so that she can stay, and we can get married. I would be devastated if she got sent back to Brazil. So I need to do this correctly. She cannot drive, or work and is scared to even go to the supermarket, because here in South Florida, the police stop people all the time to check immigration status. Whatever happened to our CONSTITUTION???????? Everyday they tear it up just a little more...

So if someone could explain to me how to go about filing paperwork, and what paperwork to file, I would be very grateful.

Signed:

grambo112233 (canthaveherdeported!)

Any posts would be very appreciated.

[Jaime and Melvin 0]

How many days has she overstayed by? She could be facing a 3 year ban or even possibly a 10 year ban.

[ValerieA 350]

You should be A-OK, grambo. She should NOT leave the US. Read the guides for Adjustment of Status...

AOS

You should be able to do this without a lawyer, but you do need to get married first.

Edited May 20, 2010 by ValerieA

[inloveVEN 46]

Hi

First, she can not leave the country because No one incurs the ban until they leave the US

You need to get marry, in this way it let you apply for an AOS. There are several cases similar to your situation that you need to read and study carefully. If you can prove that your realtion is real ( bona fide ) she would be forgiven.

Please read this one

link 1

My link2

Both are similar cases, but the first thing you have to do is to get marry. and to do that you need to go to your clerk office and find the requirements. Por example, in New York City, Is not needed to have a valid visa, they use the phrase "proper identification" like a passport, drivers license, etc to get a license and to get marry.

Edited May 20, 2010 by inloveVEN

[htslogistics-john 1]

i concur.lol. she should be fine as long as she does not leave. AOS

[Summer75 16]

She MUST NOT LEAVE the country, get married ASAP, and file the AOS. If she doesn´t have any kind of trouble here, police records , used fake SSN, arrested, etc, she will be fine.

Don´t forget to submit as much as evidence of bonafide relationship.

Do your homework, take your time, read AOS guide here, read about similar situations, and u will be fine.

Good luck!!

:star: :thumbs:

Edited May 20, 2010 by karinapogue

[Boiler 45,932]

I feel for you on the Constitutional issue.

Where I am we have similar issues with Police setting speed traps.

However with your lack of knowledge of the subject, a one time consultation at least with an Immigration Lawyer would seem in order.

[Jaime and Melvin 0]

Oh wow, this info is really interesting. I didn't realise you could get married in the US and actually stay there! Gotta love VJ

Best of luck OP

[john_and_marlene 162]

Your biggest obstacle may be getting permission for the child to immigrate. You will need either consent from the biological father or the court in Brazil.

How many days has she overstayed by? She could be facing a 3 year ban or even possibly a 10 year ban.

Regardless of the length of overstay, she won't have a ban unless she leaves the country.

[mrs. wife! 3]

You should be ok. She CAN NOT leave the country. Even if she has AP (advance parole) she can't leave. Only when she has the Green card in hands she will be ok to travel. If she leaves she will face a ban (more than 180 days to 1 year= 3 years ban, more than 1 year illegal= 10 years ban).

Get married, file for AOS (adjustment of status) and you will be just fine.

Follow the guides: http://www.visajourney.com/content/i130guide2

ps- I don't know about adjusting the child. Maybe someone here can help you with that.

Good luck!

[LIFE'SJOURNEY 970]

You should be ok. She CAN NOT leave the country. Even if she has AP (advance parole) she can't leave. Only when she has the Green card in hands she will be ok to travel. If she leaves she will face a ban (more than 180 days to 1 year= 3 years ban, more than 1 year illegal= 10 years ban).

Get married, file for AOS (adjustment of status) and you will be just fine.

Follow the guides: http://www.visajourney.com/content/i130guide2

ps- I don't know about adjusting the child. Maybe someone here can help you with that.

Good luck!

That was one thing I saw that everyone kept over-looking. The child's AOS process would have the same requirements of that is when bringing a child over on a visa.

1. custody rights

2. letter from the other parent giving permission for the child to be here

3. etc.......

[Brother Hesekiel 2,236]

You can pull this off alone but I suggest you visit this site daily from now on to really familiarize yourself with the process. I concur, the child is the one obstacle you'll have to work on.

[Radkova 11]

The one thing you must understand is that SHE SHOULD NOT LEAVE THE COUNTRY. Get married, apply for AOS and wait for your green card.. good luck and you can definitely do this without a lawyer

[Harpa Timsah 13,258]

You can absolutely do this without a lawyer. In addition to the other paperwork, I beleive you'll have to file a Supplement A to form I-485 because of the overstay. As I understand, it's like a penalty with a fee, but does not make you ineligible for a green card. Can someone confirm this?

Also, I want to say the people on this site are so much better than other sites I have seen! Not spreading round rumors, so three cheers and thanks!!

[JimVaPhuong 4,863]

Oh wow, this info is really interesting. I didn't realise you could get married in the US and actually stay there! Gotta love VJ

Best of luck OP

There are some restrictions on this. The alien must have entered the US legally, must not have intended to immigrate when they entered (presuming they used a non-immigrant visa or entry pass), and must not have broken any laws while in the US.