Fixing illegal overstay in the US

[Thgilauo 1]

Hello everyone !!

Here's my situation : I came in the US few years ago to work on a H1-B Visa.

I'm getting a green card with my company in one year and during my stay I met a really important person to me. She is overstaying her visa for now 5 years...

She never left the US and I was wondering what's the proceed to make her stay legal in The US. I'm planning to marry her when I get my Green card if that does help.

She's overstaying a tourist visa.

I would like to know the price, forms and how long does it take to get everything done if of course this possible

[NigeriaorBust 4,087]

If you marry her she will have to wait until a visa number becomes available. She will have a 10 year bar for her overstay. There really isn't anything you can do unless you become a USC. She can leave and serve out the ban as she will have to continue to live the life she currently is with no work, no status until she either married a USC or serves her ban

[aaydrian 479]

What type of visa did she enter the US on? Anyway, on a HB-1 visa or as a greencard holder you can't do anything for your girlfriend who has over stayed on her visa.

So:

1) Secure your greencard first.

2) Wait 4 years and 9 months then submit your N-400 form (naturalization application).

3) After you're sworn in and have a) your US passport or b) your Naturalization certificate you can apply for an Adjustment Of Status (AOS) for your wife. You will have to chose when exactly you want to marry this woman whether now, once you are a LPR or when you become a citizen.

Forms, prices and rules can change a lot over 6-7 years so at this point it is the least on your priority list. Let your girlfriend know how long it would take for her to AOS through a marriage to you because she just might have a change of heart.

[Thgilauo 1]

Thank you for your quick responses !!!

I heard about a forgiveness waiver . Is it applicable for her ?

She did enter the territory with a tourist visa that lasted for 6 months.

She entered the territory being minor and didn't think about going back and forth to maintain a legal status. Once she overstayed she is kind of trapped inside the US...

[Brother Hesekiel 2,236]

Hello everyone !!

Here's my situation : I came in the US few years ago to work on a H1-B Visa.

I'm getting a green card with my company in one year and during my stay I met a really important person to me. She is overstaying her visa for now 5 years...

She never left the US and I was wondering what's the proceed to make her stay legal in The US. I'm planning to marry her when I get my Green card if that does help.

She's overstaying a tourist visa.

I would like to know the price, forms and how long does it take to get everything done if of course this possible

Even with a Green Card you will be still a foreigner. Only after you have become a US citizen would your wife's overstay not being made an issue of. However, at the N-400 stage you would have to tell the U.S. government about your spouse and her status or lack thereof, so I would suggest you guys have fun together for the next 5 years and only after you have become a US citizen, you get married. That has the additional advantage that you'll see how things go in that relationship before signing on the dotted line.