QUESTION
Could we get a green card through marriage with an expired visa?
Asked on Jul 09th, 2015 on Immigration - Georgia
More details to this question:
My girlfriend came to the state under student visa. She is currently illegal because that had expired over 10 yrs ago. I would like to marry her, so she doesn't have to live in fear and we can start a family. Application for green card thru marriage says she has to write down what VISA and when it expired on application. Will that flag the INS and cause deportation? We would like to get married and not having to spend too much money on legal fee. But in her case, if we need too we will. Just debating if we could file paperwork ourselves.
2 ANSWERS
If you are a US citizen and your future wife ENTERED the US lawfully and can prove that lawful entry, even if it was a long time ago and is no longer in a valid status, she will be eligible to adjust status to permanent residence.
Answered on Jul 16th, 2015 at 1:48 AM
Generally, a U.S. citizen may apply for a spouse to adjust status to become a Lawful Permanent Resident (to get a "Green Card") notwithstanding that the spouse may have overstayed a student visa. Accurate information must be supplied on the immigration-related forms, including visa expiration dates (usually a student visa does not have a specified expiration date, and instead remains valid for duration of status as a student). Of course, one may apply for immigration benefits without engaging an attorney, but the consequences can be harsh when an application is not properly prepared and fully documented. The cost for legal representation is often much less expensive than people anticipate, and it would be wise to engage an immigration attorney to provide assistance, even before you and your girlfriend become married. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Jul 13th, 2015 at 4:42 PM