QUESTION

If I marry my girlfriend and she is a 19 years old US resident can I still apply for a green card?

Asked on Jul 12th, 2014 on Immigration - California
More details to this question:
Marry my girlfriend if she is 19 years old US resident. Can I still apply for the green card she's been a US resident for like three years, I'm 18. Could I apply for the green card? I came to the US eight months ago with a B2 and have a two months overstayed. Please answer is urgent.
Report Abuse

3 ANSWERS

If she is a US citizen and you are legally married under the laws of the state where you got married, then she can petition for you and you will be immediately eligible for green card processing. however, if she is only a permanent resident, she can petition for you but you will have to wait until the priority date is current to apply for the green card. Furthermore, you would have to be in the US in valid status and not an overstay in order to apply for adjustment of status once the priority date becomes current.
Answered on Jul 16th, 2014 at 8:33 AM

Report Abuse
Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
Yes, you may. You might need a joint sponsor.
Answered on Jul 15th, 2014 at 8:22 AM

Report Abuse
Since you are already out of status, you are no longer eligible for adjustment of status in the United States unless your fiancee becomes a US citizen first. Otherwise, she can only petition for you and you will need to return to your home country for the visa interview at the US consulate. If you overstay by at least 6 months by the time you leave the US to attend the visa interview, you will be subject to the 3- or 10-year bar from returning to the country and must file a waiver in order to come back. It may be a better idea for you to wait until she becomes a citizen before filing your paperwork.
Answered on Jul 15th, 2014 at 8:16 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters