A very complicated story

[ShadowYU 1]

Hello everyone,

I haven't visited this site for a long time. My overall situation is now more complicated than ever. I looked through some of the topics but couldn't see a place where all of the below would be covered. I was hoping that there would be somebody who could provide an answer for each of my questions and that doing this would benefit both me and multiple other individuals.

Here is the story - I am currently a permanent resident. I obtained this status through marriage. I was on a student visa and then married a naturalized American citizen. This was in 2007. By 2011, her and me divorced.

It has now been about 2.5 years since then and I have been dating a new girl for about 1 year. I am in love with her, but guess what: she is in the U.S. on a tourist visa, has been here for about 3 years and doesn't even have the form which proves that she entered legally. Basically, when she came to the U.S. she walked across the border from Mexico (she is a Mexican citizen), but the border people never stamped her passport. The visa within her passport is still valid, it never expired. However, she never obtained a stamp or any kind of a form showing that she entered the U.S.

I really want to marry this girl, I love her with all my heart. But, before I proceed, I want to understand all the consequences. So, here are my questions, in summary:

1) Will she have some problems due to the fact that she doesn't have a stamp or any proof of entry (although she has a valid tourist visa)?

2) Will I be able to ensure that her beautiful face will be able to stay in the U.S.?

3) Will I have a higher chance of securing her papers if I apply for them once I become a U.S. citizen (5 year anniversary of my green card issuance is this October);

4) Will I have any problems securing my citizenship now that I am divorced? (I never contacted U.S. immigration to let them know that I got divorced... note that the divorce occurred one year after my permanent green card was issued).

Thanks everyone. Insights are greatly appreciated.

[Pitaya 2,577]

~~Moved from Family-Based AOS to Effects of Major Family Changes on Immigration Benefits~~

~~Poster is not currently in AOS phase of process~~

[Penguin_ie 5,994]

1. Yes it will make things more difficult but she overstayed anyway. You can try to at least get a credit card receipt or something to show when she entered.

2. She cannot stay through marriage to you, because there is a waitinglist for spouses of LPR which is currently about 2.5 years. If you are a US citizen then there is a chance for AOS, but there are major red flags

3. see above

4. No, as you are applying based on 5 years.

[aaron2020 11,651]

A credit card receipt or something does not equate to a legal entry document.

She needs proof that she entered legally.

[Sandra G. 5,048]

She needs to get the record showing her entry , but land trip most of the times they do not stamp , they just scan the passport, but they have the record o her entry,then she has to file a document called FOIA, ( Freedom of Information Act) to obtain copy of her entry.She has to email the CBP, she can do that online.

She must include arrival date, what City,name, date of birth, place of birth, address,phone number, her parents' name. She can notarize her signature or declare under penalty all information are correct. She can mail to:

U.S. Customs and Border Protection
FOIA Division
90 K St. NE MS 1181
Washington, DC 20229-1181

or she can email them(advised to email them)

http://www.cbp.gov/xp/cgov/admin/fl/foia/

She can't forget to notarize the letter with her signature or draft a sworn declaration under penalty of perjury and then attached to the email.After 10 days they will send her an email saying her request was received and it will take a while for them to send her FOIA (4/6months). They won';t come to "get her" because she is filing FOIA, like many people thing, she will be fine.

She will be able to stay here illegally , because you are a GC holder there is a wait list for a immigrant visa number become available for her, around 3 years until she gets the number she will be living here .

Once you become Us Citizen she won;t have any problem to adjust her status since she can prove she was inspected when she entered in the USA.

If you have enough proof of bonafide marriage you will be able to naturalize without problem.

[ShadowYU 1]

She needs to get the record showing her entry , but land trip most of the times they do not stamp , they just scan the passport, but they have the record o her entry,then she has to file a document called FOIA, ( Freedom of Information Act) to obtain copy of her entry.She has to email the CBP, she can do that online.

She must include arrival date, what City,name, date of birth, place of birth, address,phone number, her parents' name. She can notarize her signature or declare under penalty all information are correct. She can mail to:

U.S. Customs and Border Protection

FOIA Division

90 K St. NE MS 1181

Washington, DC 20229-1181

or she can email them(advised to email them)

http://www.cbp.gov/xp/cgov/admin/fl/foia/

She can't forget to notarize the letter with her signature or draft a sworn declaration under penalty of perjury and then attached to the email.After 10 days they will send her an email saying her request was received and it will take a while for them to send her FOIA (4/6months). They won';t come to "get her" because she is filing FOIA, like many people thing, she will be fine.

She will be able to stay here illegally , because you are a GC holder there is a wait list for a immigrant visa number become available for her, around 3 years until she gets the number she will be living here .

Once you become Us Citizen she won;t have any problem to adjust her status since she can prove she was inspected when she entered in the USA.

If you have enough proof of bonafide marriage you will be able to naturalize without problem.

Thank you so much!