QUESTION
If we get married as planned and send the request, would I be able to get my green card?
Asked on Mar 11th, 2016 on Immigration - Georgia
More details to this question:
I have a valid tourist visa, b1b2. I just got it last year in the US embassy in Costa Rica. It will expire in 2025, however I entered to the US last year April 22, 2015 and I'm still here. In 2012, I met this girl. She is a US CITIZEN. Here in the US when I was visiting my friend, I came back to my country after a short time of vacations (5months) so I kept in touch with her and 3 years later, I decided to get a new visa and come back to the states. I was planning to see my friend, see this girl, but now we are engaged and we want to get married. Obviously, I overstayed my permission, and we want to live here. I'm afraid that my petition for a green card might be revoke or something.
1 ANSWER
Although not entirely clear from your question, it sounds like you last entered the U.S. with a B1/B2 visitor's visa, and since then you have become engaged to a U.S. citizen. Generally, a foreign national who has entered the U.S. lawfully and with inspection (such as with a B1/B2 visa), who then became engaged to and marries a U.S. citizen, will be able to succeed with an application for adjustment of status to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the foreign national has overstayed the time permitted with his entry with the B1/B2 visa. It would be wise for you and your fiancee to consult with an immigration attorney who, after learning all of the relevant information about you, including your immigration-related history, would be able to provide advice to you and your fiancee about immigration eligibilities, options and strategies, and would be able to offer legal representation in the often complex process of applying for immigration benefits.
Answered on Apr 15th, 2016 at 4:40 AM