QUESTION
How long do we have to get married before my girlfriend gets in trouble with immigration?
Asked on Sep 15th, 2011 on Immigration - California
More details to this question:
My girlfriend entered the country using the visa waiver program, which allows 90 day stay. If we decide to get married, how long do we have to actually get married before she will be in trouble with immigration? Her 90 day period ends Oct 1. I had read that she has 180 days to apply for change of status after Oct 1 assuming she stays in the U.S.
8 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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She will be out of status on the day her I-94 expires. While unlikely, it is after that day that she can be deported from the US. If you want her to remain lawfully in the US, you need to marry and file for her permanent residence before the I-94 expiration. Please note that even the I-94 expires before you marry and file for her, the law allows for a forgiveness of not maintaining her lawful immigration status. You should consult with an immigration attorney to discuss the case in more detail.
Answered on Sep 16th, 2011 at 2:57 PM
You can get married and file for adjustment of status. It's a clean case.
Answered on Sep 16th, 2011 at 1:49 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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It is recommended that you marry and file the documents before the 90 days expire.
Answered on Sep 16th, 2011 at 1:14 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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I guess you heard wrong! If you are not married, she will have to leave before the 90 day is up. Let us know if we can help you.
Answered on Sep 16th, 2011 at 12:21 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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She can't extend or change status because she did not enter the US with a visa. She may apply for a green card through a marriage to you. She can do this in the US if she did not form that intention until after her entry. Depending on jurisdiction, you need to be careful about filing for a green card when a person entered on the VWP. If she is not eligible then she can file using consular processing abroad.
Answered on Sep 16th, 2011 at 11:32 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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She is out of status when her 90 days end. After that she has 180 days before she triggers the 3 year bar from returning to the US but technically will have no legal status during that time. It is not advisable to push immigration laws. It is probably in your interest to marry and file ASAP or for her to leave the country when her 90 days are up. You should work with an immigration attorney.
Answered on Sep 16th, 2011 at 11:25 AM
Actually, she is out of status when her 90 day I-94W expires. I strongly recommend an appointment with a competent and experienced immigration attorney before any further action is taken. We regularly file these sorts of applications and petitions. We can be reached at 312-588-0500. The above is general information, not legal advice, and does not create an attorney client relationship.
Answered on Sep 16th, 2011 at 11:16 AM
Your girlfriend can get into trouble as soon as the 90 days are up. She will only be barred form coming back if she leaves the US after staying 180 days without legal status. If you get married for the right reason, she can apply for a green card at any time even after her 90 days are up and all will be forgiven once she becomes a lawful resident. Although it would be preferably to file for her green card before the 90 days are up.
Answered on Sep 16th, 2011 at 11:04 AM