can i marry someone with greencard and file here in america

[Mounat 74]

Do we know if he has a bar? All that I can see is that his visa has expired, no mention of status.

Good question. Unlikely OP is referring to his visa expiry date. That date is irrelevant now as he's already entered the US. I think OP is referring to overstaying the date on the I-94 and the start of accruing unlawful presence. Sticky situation but hardly unprecedented.

[Starkilla09 366]

i came with B2 visa and it has expired and i'm planing to marry a green card holder next month and i want to know if i can apply for a green card here in america after our wedding or must i go to my home country and apply. my wife will turn citizen in the next one year.. please i need advice.

Rather than scare you to death or suggest what to do with your life, I'll give you options for you to make your informed decision as an adult.

1. Since your I-94 is expired and are currently in the U.S., you're acquiring unlawful presence. If 6 months passes you get a 3 year bar if you leave or 10 year bar if 1 year elapses. At that point you'll need a hardship waiver to get an immigrant visa overseas since that's the only way you'll be able to get the visa, unless your spouse becomes a U.S citizen requiring you not to leave but adjust status. Keep in mind that while staying illegally waiting for your spouse to naturalize, you're subject to deportation at any time, however; chances are very small unless you get in legal trouble and get apprehended ( even a traffic stop at times could be problematic ), or happen to accidentally enter a border control check point. If you haven't met the presence to trigger a bar yet, you could still leave and wait for a visa number overseas in about 1 to 2 years after she files for you, or risk it and keep a low profile until she becomes a citizen and "cures" you. Your choice.

[Anitafeliz 1,133]

So im confused are we to tell OP to stay here illegally awaiting wife possible ability to became a citizen? Even thats not certain she will need to pass the test.

Hes needs to figure out whats best for him with out anyone on here suggesting he stay illegally.

Does anyone know if he has overstayed or not?

Edited September 2, 2016 by Anitafeliz

[JFH 12,191]

So im confused are we to tell OP to stay here illegally awaiting wife possible ability to became a citizen? Even thats not certain she will need to pass the test.

Hes needs to figure out whats best for him with out anyone on here suggesting he stay illegally.

Does anyone know if he has overstayed or not?

He stated in his post that his visa "has expired". It's unclear what he means by that. Could be that he has stayed beyond the stamped date in his passport from his last entry.

It's also unclear how long ago that was. Last week? 5 years ago? Who knows?

Personally I cannot advise that someone continue doing something illegal just because the consequences for trying to do the right thing and being "found out" (I.e leaving and potentially receiving a subsequent ban) are inconvenient. Two wrongs don't make a right.

[Anitafeliz 1,133]

He stated in his post that his visa "has expired". It's unclear what he means by that. Could be that he has stayed beyond the stamped date in his passport from his last entry.

It's also unclear how long ago that was. Last week? 5 years ago? Who knows?

Personally I cannot advise that someone continue doing something illegal just because the consequences for trying to do the right thing and being "found out" (I.e leaving and potentially receiving a subsequent ban) are inconvenient. Two wrongs don't make a right.

I missed it but def hes already overstayed which advising him otherwise is wrong.

It annoys me when people do these things and ruin it for other people

Edited September 2, 2016 by Anitafeliz

[John555 0]

Thanks to everyone for there advice,both the good ones and the bad ones and some people trying to insult me during the advice... I started speaking with my wife since 2014 until last year February when we started dating as I came into the country.. She's due to turn to a USC in January ... So is anyone still advising me to go home and apply or should I wait till she turns to a USC ?... Advice please ...

[Boiler 46,272]

If she files in January, takes usually 6 months give or take, varies, so you will be here out of status for a looong time. And deportable if caught.

Good news leave now and no ban. She can file as a LPR and upgrade as and when she becomes a USC.

[John555 0]

How long does citizenship takes to come out... Advice please

[Unlockable 7,316]

The entire naturalization process can take a year. It's not like she applies one week and is a citizen the next. So if she applies this coming January then you are looking at the end of 2017 before she is a citizen. Like already said that is a long time for you to be here illegally. And even then there is a chance she may nit gain citizenship. What if she fails the exam? It would be further delays.

And to answer your question, yes it is still best for you to return home.

[KierenHby 899]

Thanks to everyone for there advice,both the good ones and the bad ones and some people trying to insult me during the advice... until last year February when we started dating as I came into the country..

You already insulted us collectively by abusing the privilege you were granted. Ever wonder why genuine Nigerian applicants have a hard time getting a US visa? Because of people like you overstaying illegally.

Unless you were granted an extension, you've been illegal about a year.

[Mounat 74]

I don't know about failing the naturalization test (people do that?) but going home if the ten year bar hasn't been triggered is sound advice. If it has then it's foolish to leave.

Beyond that, this young man applied for and received a tourist visa from the US embassy in Nigeria. Not only did he have to prove that he had enough money to cover his trip but that there were compelling reasons at home for him to return. From what he has posted here, he had an ongoing relationship prior to arriving in the US which will shortly be consummated in marriage. Did he intend to come here on tourist visa and overstay? Who knows and who cares. His intentions are completely irrelevant.

Respondents to this thread are in two camps. One that is encouraging him to do the "right" thing and return home. This camp is concerned about the risk he faces from deportation, which is low, and the higher risk of his visa overstay making it harder for other young Nigerians to get tourist visas. The second camp is not worried about the overstay and accruing unlawful presence and even less worried about the embassy in Lagos and who gets denied a tourist visa in the future. All that matters to this camp is that this young man doesn't get barred for 3 or 10 years and stays with his wife. Even USCIS, they argue, forgives unlawful presence for spouses of US citizens. Even more, we already have many millions of people in unlawful presence. So what if there's one more?

Both arguments have merit. And it is true that many abuse the VWP to come here and overstay. Surely that is no more legal or ethical than someone with a visa stamp. Think about which countries are part of the VWP. Which nationals are desired immigrants and which are not. Who is welcome to come here easily and who has to jump through hoops just to get a B2 visa. Definitely not a fair system nor designed to be.

Like I said before and without violating the rules of the site, OP knows what to do and there's really no need for him to keep asking for advice here.

Good luck.

Edited September 4, 2016 by Ryan H
Reason for edit: to remove text of post that was taken down for TOS violations.

[EM_Vandaveer 2,417]

I don't know about failing the naturalization test (people do that?) but going home if the ten year bar hasn't been triggered is sound advice. If it has then it's foolish to leave.

Beyond that, this young man applied for and received a tourist visa from the US embassy in Nigeria. Not only did he have to prove that he had enough money to cover his trip but that there were compelling reasons at home for him to return. From what he has posted here, he had an ongoing relationship prior to arriving in the US which will shortly be consummated in marriage. Did he intend to come here on tourist visa and overstay? Who knows and who cares. His intentions are completely irrelevant.

Respondents to this thread are in two camps. One that is encouraging him to do the "right" thing and return home. This camp is concerned about the risk he faces from deportation, which is low, and the higher risk of his visa overstay making it harder for other young Nigerians to get tourist visas. The second camp is not worried about the overstay and accruing unlawful presence and even less worried about the embassy in Lagos and who gets denied a tourist visa in the future. All that matters to this camp is that this young man doesn't get barred for 3 or 10 years and stays with his wife. Even USCIS, they argue, forgives unlawful presence for spouses of US citizens. Even more, we already have many millions of people in unlawful presence. So what if there's one more?

Both arguments have merit. And it is true that many abuse the VWP to come here and overstay. Surely that is no more legal or ethical than someone with a visa stamp. Think about which countries are part of the VWP. Which nationals are desired immigrants and which are not. Who is welcome to come here easily and who has to jump through hoops just to get a B2 visa. Definitely not a fair system nor designed to be.

Like I said before and without violating the rules of the site, OP knows what to do and there's really no need for him to keep asking for advice here.

Good luck.

He came here "last year February" according to OP. I'm assuming that's February 2015, so if he leaves he triggers a 10-year ban. No lawyer would ever advise someone to do that. We're not lawyers, but from OP's point of view, he's much better off staying and waiting for his wife's citizenship (which should happen within a year from now) and then AOSing. Edited September 4, 2016 by EM_Vandaveer

[Ryan H 3,834]

~~~Closed for review.~~~

***Posts violating the TOS (personal attacks, foul language, & advocating illegal activity) removed along with post referencing. Furthermore, the OP has received enough answers and the thread was beginning to spin out of control to warrant keeping it closed to further discussion. The OP can start a new thread about a process once begun if they have questions about that specific process. However, this thread is not to be restarted or referred to in future discussions.***

Edited September 4, 2016 by Ryan H