Trying to legalize girlfriend(Or help legalize)

[Boiler 45,993]

1 hour ago, RO_AH said:

. Marriage for the sake of immigration is fraud.

For the sake of completeness it is not.

[Suss&Camm 2,213]

Just now, RO_AH said:

I agree 100 percent, but he has said he is not ready. Advising him to do so,(not you but others) so that she could become legal sounds to me like deciding to get married for immigration purposes,. I am simply saying do not tie the 2 issues together marriage and immigration.

As I said they are allowed to debate the timing. That doesn't change the validity of their relationship or in case they would choose to marry - their marriage. Not ready, isn't the same as a sham marriage if they do.

[RO_AH 1,662]

2 hours ago, Suss&Camm said:

As I said they are allowed to debate the timing. That doesn't change the validity of their relationship or in case they would choose to marry - their marriage. Not ready, isn't the same as a sham marriage if they do.

I am pretty sure we agree but just choosing to use different words. I never said it would be a sham, that is your words. There are a lot of things to consider when getting married, and while we are all giving advise, mine is that he should not make her status be the determining factor. Like I said previously, in 6 months everything could change and she could have a path to legal status, and they can let their relationship play out at it's own pace.

[Suss&Camm 2,213]

36 minutes ago, RO_AH said:

I am pretty sure we agree but just choosing to use different words. I never said it would be a sham, that is your words. There are a lot of things to consider when getting married, and while we are all giving advise, mine is that he should not make her status be the determining factor. Like I said previously, in 6 months everything could change and she could have a path to legal status, and they can let their relationship play out at it's own pace.

If it isn't a sham marriage it isn't immigration fraud - you said immigration fraud.

If they want a life together, the pragmatic thing to do is to seriously consider all options. So we disagree. They can still have the relationship develope while married  (they better!  Hahaha)

I'm actually not saying either way - I just don't see marriage the way you do. They'll be together whether they marry or not. 

But that's not important - it's just important what and how they feel and I got the impression that they hadn't really thought about it seriously yet, so they'll have some time to do that I suppose

[Hypnos 6,578]

Just to put this out there: immigration concerns can absolutely be part of the reason why two people choose to marry... 

 

... It's just they cannot be the sole reason. 

 

I believe the government's phrasing is "entered into marriage solely to confer immigration benefits on the alien". That is the big no-no. 

Edited September 9, 2017 by Hypnos

[inloveVEN 46]

Really as a boyfriend your support is only emotional, you cannot do anything to help . Has her mother thought about become US Citizen? It is taking about 8 months, then she file for her daughter.  As an Inmediate Relative, there is a valid visa available for her she will be able to AOS in 1 year and receive an EAD in 4 month.

[Boiler 45,993]

38 minutes ago, inloveVEN said:

Really as a boyfriend your support is only emotional, you cannot do anything to help . Has her mother thought about become US Citizen? It is taking about 8 months, then she file for her daughter.  As an Inmediate Relative, there is a valid visa available for her she will be able to AOS in 1 year and receive an EAD in 4 month.

She is not an immediate relative.

[inloveVEN 46]

Just now, Boiler said:

She is not an immediate relative.

I understood that the mother of his girlfriend is LPR am i wrong?

[Boiler 45,993]

Just now, inloveVEN said:

I understood that the mother of his girlfriend is LPR am i wrong?

That seems to be the case.

[geowrian 22,338]

9 minutes ago, inloveVEN said:

I understood that the mother of his girlfriend is LPR am i wrong?

Immediate relatives are spouses, unmarried children under 21, and parents. Adult children are not immediate relatives...they are considered family preference and have (long) waiting periods for a visa number to become available.

https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html

Edited September 9, 2017 by geowrian

[inloveVEN 46]

1 minute ago, Boiler said:

That seems to be the case.

ok, i understand. now she is 21 years old. so she cannot be considered immediate relative at that age. then no way. If they don't feel is time to get marry, nothing seems to head to a fast way

[Coco8 1,042]

7 minutes ago, Boiler said:

That seems to be the case.

 

8 minutes ago, inloveVEN said:

I understood that the mother of his girlfriend is LPR am i wrong?

 

If the mother is still a LPR, they need to find out whether the daughter has a green card but they never requested it, right? It seems she should have it but they never did any paperwork and now she is 21, which is a big problem because it slows down everything. 

 

Maybe try to consult a free immigration lawyer. There are a bunch of NGOs that work on the matter. 

 

It drives me crazy when people can easily do the paperwork for their children but they do not do it, and then they are in a big problem.

[Tanner C 1]

Thank you all for the responses. I was talking with my girlfriend today, the mother has been gone all day but in the morning we are confirming details. To me, it seems like the mother came here in 98 when my girlfriend was of 2 years old through plane via a passport. Then down the line got her permanent residence. My issue here is, her older sisters were born here in the U.S. The sister above her is 2 years older and some odd months. How did the Mom stay in the U.S. that long on a visiting passport to have her two kids? They then traveled back up to Canada and when my girlfriend was two came back down to the U.S. My girlfriend doesn't have a clue because they never talked in depth about it, just simple things regarding the issue. She is under the impression though, that the Mom came back out here to the U.S. with her 4 daughters and got the permanent residence then. Which would still make the youngest of the daughter's a permanent residence unless of course the mom still waited years after and even passed her stay and got her permanent residence which would've taken years to achieve because she over stayed. When the Mom came back here for the last time and decided to reside here, she would've had to have gotten her permanent residence within the 6 month frame. Still not making any sense to me. I'm trying to piece it together here. Could it be the mother was able to over stay due to her pregnancy?

[Tanner C 1]

Also to clarify, she would be in the "First Preference" category for form I-130 as she is 21, yet unmarried. I'm sure it would take a stand still for a few years which sucks.

[geowrian 22,338]

15 minutes ago, Tanner C said:

Also to clarify, she would be in the "First Preference" category for form I-130 as she is 21, yet unmarried. I'm sure it would take a stand still for a few years which sucks.

If the mother becomes a USC and files for her, then she would be 1st preference. The wait for the PD to become current for F1 preference is about 7-8 years currently (maybe longer). Overstay is not ignored so AOS is not possible and she would need a waiver (or to wait out the bar outside the US) due to the unlawful presence. An I-601A waiver is possible since she's in the US now.

 

A USC sibling filing the I-130 would be 4th preference, which is the ~15 year wait. Overstay is not ignored, just as above.

 

A USC spouse filing the I-130 would be an immediate relative, which has no wait (only processing time...ETA: ~a year or so). And AOS would be an available option since the overstay is ignored as an immediate relative of a USC.