QUESTION
Can I fix my girlfriend and my mother's papers?
Asked on Nov 06th, 2014 on Immigration - Texas
More details to this question:
I'm 19 years old about to ship off to the military January 21 and I would love to take my fiancé with me. In order to do that I need to marry her and fix her papers. She's in the U.S. With a visa that's about to expire and may not be eligible to renew. I heard that if you get married you can't fix any ones papers, for example my mothers. I would like to fix her papers when I turn 21. My grandmother put my mother’s papers in for my mom, but they are in process and have been for a while now. How should I go about this?
2 ANSWERS
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You are correct, if you marry then you can apply to adjust your fiance to permanent residence since she entered on a visa. Once you turn 21, you can file a petition for your mother. If your grandmother filed for your mother before April 30, 2001, she would have 245(i) benefits. This is especially important if your mother has fallen out of status or entered without inspection. Since you are in the military, there could be a parole in place benefit for your mother too. You should consult with an attorney to get all of this started and to plan for the future. You should also make your intentions known, just in case you become incapacitated. That could help to make humanitarian or posthumous benefits easier for her to claim through you.
Answered on Nov 07th, 2014 at 9:24 AM
Even if you are not 21, you can sponsor your wife. You are likely also to be able to fix her papers even if she entered the country illegally. Consult with an attorney.
Answered on Nov 07th, 2014 at 9:24 AM