QUESTION

Can I apply for a green card through marriage while I am outside the US?

Asked on Feb 07th, 2014 on Immigration - Texas
More details to this question:
I am J1 student who came here in June 2014 and I over stayed my visa. I am 5 month pass my visa. I am getting married this month we think. But I have to go back because some serious issues. What am I have to do? Can I apply for a green card through marriage from back home (Bulgaria)?
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4 ANSWERS

Adebola O. Asekun
If your husband is a US citizen, your husband can file your petition while you are overseas in Bulgaria. Once approved, you will attend your immigrant visa interview in your country and if all goes well, you will be given an immigrant visa with which, you can return to the US as a legal permanent resident. Note that if you have previously been in unlawful status, you may, in addition need to file an I-601 waiver of your unlawful presence. In other to avoid costly complications, please encourage your husband to consult with an experienced immigration attorney.
Answered on Feb 13th, 2014 at 7:06 AM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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Stay here and do your paperwork first. It is only taking about 3 months to get a green card through a marriage to a US citizen. You can also qualify for a travel permit should you need to leave before.
Answered on Feb 13th, 2014 at 7:03 AM

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Well your spouse would petition for you as a spouse and then once the petition is approved you would be able to consular process your immigrant spouse visa at the US Embassy in Sofia. However, just make sure you did not stay in the US unlawfully present more than 180 days, meaning you did not overstay your I-94 expiration date by more than 180 days because if you did, as soon as you leave the US, you become automatically barred from reentry for a period of 3 years.
Answered on Feb 13th, 2014 at 7:03 AM

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Bruce A. Coane
A USA citizen can file a visa petition for their spouse who resides outside the USA. Just make sure you get out before you have 180 days of unlawful presence or you can be subject to the three-year bar to reentry.
Answered on Feb 12th, 2014 at 2:39 PM

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