Marriage question

[akbronco]

What is the name of your state?What is the name of your state?Alaska
My girlfriend and I are going to be married in June. I want to get any information on the paperwork process to get her to become a legal American citizen. Her tourist visa is expired. Is it best to talk to a lawyer or the immigration office first?

 

[evcalyptos]

What is the name of your state?What is the name of your state?Alaska
My girlfriend and I are going to be married in June. I want to get any information on the paperwork process to get her to become a legal American citizen. Her tourist visa is expired. Is it best to talk to a lawyer or the immigration office first?

She can not become a citizen of the US without first becoming a Permanent Resident.

Do not count on 'the immigration office' to give you correct information. More than one person has been burned by taking their 'advice'.

PR instruction here: http://uscis.gov/graphics/howdoi/legpermres.htm

 

[akbronco]

Thank you for the fast reply!! My question about the process of her becoming an American citizen was vague. I do realize that she can not become a citizen right away and that there are steps the we must take. I am unsure of the "best" first step to take.
Since she is here illegally right now, what is the first step we should take??

 

[evcalyptos]

Thank you for the fast reply!! My question about the process of her becoming an American citizen was vague. I do realize that she can not become a citizen right away and that there are steps the we must take. I am unsure of the "best" first step to take.
Since she is here illegally right now, what is the first step we should take??

There are at least 2 types of 'illegal' which require different approaches;
-she entered on a valid visa and stayed past her allowed period of entry(and then, it depends on 'how long' past her allowed entry). You said she overstayed her tourist visa; if so, she should probably NOT leave the US until she gets her actual Green Card or she will not be let back in and may have a ban on her re-entry for 3-10 years.

-she EWI/Entered Without Inspection or 'snuck over the border'.

If you're sincere about doing this right, get a consulatation with an immigration attorney that has plenty of experience with -your- type of situation (not employment, for example). If she is EWI, make sure you get someone who has worked those cases successfully before... don't be shy to ask!
A couple hundred dollars spent NOW can save you thousands down the road.

If you can not afford that, look up Catholic Charities or other free/lo cost immigration advice from a non-profit.
http://uscis.gov/graphics/lawsregs/advice.htm

 

[akbronco]

Thanks again for the reply. She has overstayed her visa, by 6 months. Is this long??

 

[evcalyptos]

Thanks again for the reply. She has overstayed her visa, by 6 months. Is this long??

"6 months" MAY be 'too long'; the law is worded in terms of days. 180 days past her allowed stay could invoke a 3 year ban on RE-ENTRY so she should NOT leave the US until you have both consulted with an immigration attorney. This is not something to learn on an internet group; it is your future we're talking about now.

You may consult with attorneys by phone if there are not many where you live. The attorney should help you uncover any other barriers to a successful Adjustment of Status, however if there aren't any, a reputable attorney will tell you that you 'could' file your own case. 'Simple' adjustments are not difficult for an organized person to do on their own--they just take time and attention.

Good luck.. don't linger too long as the clock is ticking toward a longer, more serious ban.

 

[akbronco]

Thanks again for all of your help!!! Can we start this paperwork before we are married?

 

[evcalyptos]

Thanks again for all of your help!!! Can we start this paperwork before we are married?

Of course you can gather and prepare everything that will be required, but you may not file anything until you marry. If you read the links I provided, you see that the marriage certificate is one of the first things you file with.

If you are not comfortable with a high level of detail, I urge you to hire a lawyer or seek assitance in filing this case. Bad things happen to good people; don't be one of them

 

[akwaitress]

Unfortunately Catholic Social Services in Anchorage had to recently shut down their Immigration legal assistance due to lack of funds. They could probally point you in the right direction for a lawyer however.

 

[akbronco]

Evcalyptos and akwaitress, thank you for all of the information!

 

[akbronco]

I have another question for the forum... On the marriage license application it asks for our social security #'s. My bride-to-be does not have a social security number. Is this going to be a problem??? The application states that the SS# is for child support issues.

 

[evcalyptos]

I have another question for the forum... On the marriage license application it asks for our social security #'s. My bride-to-be does not have a social security number. Is this going to be a problem??? The application states that the SS# is for child support issues.

Then dig deeper! A SS# is likely requested for the marriage license, but probably not required. If you can't find the info on your county's website, call them. She does not have an SS# and she is not yet eligible for one. And yet, people without them get married in the US all the time.