marry before green card: bring in illegal immigrant?

[frankh 0]

So, I'm a year and a half out from getting my green card. I met a very beautiful girl and after I got to know her we starting talking the serious things. I found out that she is in the country illegally. She came here when young. After a while, her sponsor couldn't support her but she still chose to stay in the country and now is something like an illegal immigrant.

I've heard that if I get married before getting the green card, she can get a green card at the same time as I do. But I feel my situation is a bit different in that she is currently in the country illegally.

Can somebody comment on my situation?

thanks!

[mjaskiew 8]

Yes, unfortunately you're right - if she's in the US ilegally then you cannot add her as your wife to your I-140 and I-485 applications.

But if you had a wife and she was in the country on e.g. H4 - your employer would petition for you and your spouse.

[frankh 0]

@mjaskiew, ugh. this really throws a wrench in things.

I'm Canadian. Anybody hear of any stories where I can leverage my Canadian citizenship to confer her the green card, without restarting the entire process ?

[LIFE'SJOURNEY 970]

Are you trying to migrate to the US or Canada? I don't know what having a citizenship in another country has to do with trying to attain US LPR status.

[Boiler 45,126]

The obvious solution is to return to Canada, her illegal presence in the US should not be an issue for Canadian Immigration.

[canadian_wife 1,808]

Being a Canadian has no bearing on US immigration. You can not leverage your Canadian citizenship for special privleges in the US - we are treated the same as everyone else.

Your girlfriend cannot get a green card based on yours. She cannot adjust status in the US either. Once you become an LPR you can petition for her, it will take years and she'll have to leave the country to apply for the visa (and face a ban for the illegal presence)

Good luck.

[juliava 80]

Your friend can not adjust status in US because she entered the country illegally so she has no proof of inspection at POE. You need that in order to adjust status.

Also, if she leaves US for any reason-she will face a serious ban.

I am afraid there is not much you can do to help your friend.

[aleful 1,905]

So, I'm a year and a half out from getting my green card. I met a very beautiful girl and after I got to know her we starting talking the serious things. I found out that she is in the country illegally. She came here when young. After a while, her sponsor couldn't support her but she still chose to stay in the country and now is something like an illegal immigrant.

I've heard that if I get married before getting the green card, she can get a green card at the same time as I do. But I feel my situation is a bit different in that she is currently in the country illegally.

Can somebody comment on my situation?

thanks!

are you covered under the 245i law? what is your priority date? if so and you are covered under the 245i law, she might be elegible but check with an experienced attorney. your petition is employment based, right?

Edited June 21, 2010 by aleful

[Terry Martin 1]

I am under the impression that, due to her violation of immigration policy, it will be very hard for her to ever enjoy legal residency in the United States. You say you are Canadian, but do you live in Canada? This would change the entire situation if it were the case.

[Nik+Heather 121]

Actually, I am not sure about what sort of "illegal" status his girlfriend is in. The OP mentions a sponsor, and I guess that implied to me that she actually entered legally and then overstayed, which is a very different situation than having entered without inspection (fence hopping). OP, if she entered legally and then her legal status expired, how long has she been in the US since that happened?

Unfortunately, I think the end result is the same: since he is not a US citizen, a lot of the leniency for overstays/work goes away.

I'm with Boiler, at least for the mid term he should leverage his Canadian citizenship to get her legalized in Canada, and they could wait out any ban together there, and then if the long term goal is to come to the US permanently, make the move together from Canada again after some years.

[frankh 0]

thanks all, for your advice. ugh. very tough choices.