QUESTION
Can I adjust my status to marry my girlfriend?
Asked on Mar 21st, 2012 on Immigration - Georgia
More details to this question:
I entered the US via f1 visa in 2007now expired. I got out of status the same here. Now I have been in the US for 5 years. I have wanted to marry my US citizen girlfriend now. I am a father of our US born daughter. My girlfriend doesn't work. Her unemployment benefits are exhausted and she only relies on food stamps. Can I adjust my status if I marry her. What's the stepwise procedure to go about this?
8 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Yes, but you will most likely need a cosponsor.
Answered on Mar 28th, 2012 at 11:46 AM
Assault Attorney serving Richardson, TX
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You will need legal help in all likelihood. You can adjust your status here if you marry but your affidavit of support will not be sufficient so you will need a co-sponsor.
Answered on Mar 26th, 2012 at 6:07 PM
Yes, you can apply, but you will need a "co-sponsor," another U.S. Citizen or permanent resident to present his tax return to the U.S.
Answered on Mar 26th, 2012 at 1:43 PM
You appear to be eligible for adjustment of status once you married your girl friend and should contact an immigration attorney regarding filing a visa petition and adjustment application.
Answered on Mar 23rd, 2012 at 11:37 AM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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You may marry your girlfriend, but the fact that she is unemployed will affect her ability to petition you.
Answered on Mar 23rd, 2012 at 11:33 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You should be fine to apply for your green card. You may, however, be required to find a financial sponsor. The entire process only takes about 3 to 4 months from start to finish. Please consult with an experienced immigration attorney. The good news is that there is no penalty for overstaying your visa : ).
Answered on Mar 23rd, 2012 at 11:23 AM
Yes, as long as you entered the US lawfully and can prove that lawful entry, even if your status has now expired, you can adjust status to permanent residence on the basis of marriage to a US citizen. You should not leave the US until you get a green card because doing so may prevent you from being able to return to the US for a period of years.
Answered on Mar 23rd, 2012 at 11:12 AM
In general, someone who has entered the U.S. lawfully and with inspection and later marries a U.S. Citizen may adjust status to become a Lawful Permanent Resident (get a "Green Card"), notwithstanding that he has overstayed his visa by many years. The fact that the U.S. Citizen wife is unemployed and receives government benefits will not stand in the way of the adjustment of status, although the couple will need a "Joint Sponsor." The Joint Sponsor need not be a relative, but generally may be any U.S. Citizen or Permanent Resident who has sufficient income and who is willing to assume the responsibilities in the Affidavit of Support. It would be wise to engage an immigration attorney for a family situation like this.
Answered on Mar 23rd, 2012 at 11:10 AM