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  • Unique situation - greencard thru marriage questions

    Hi,

    I have a couple of questions that I hope your expertise will answer or at least lead me to the right direction.

    I came to the US with my family at age 9 (Nov 1998) through tourist visa. My dad then converted to work visa and we lived in the US for a while. During this time, I was enrolled in school and lived a normal life. Maybe, four or so years after, my dad applied for greencard through work and half way through the process, the application was denied. We got our SSN and work permit but not greencard. Then my dad and his lawyer appealed and it is still in process. The case was postponed couple of times and the final hearing is in May, but it does not seem like the greencard will be approved. My parents also applied for greencard through family sponsorship in 1999 and we got news last year that those cases are being reviewed right now.

    So basically, we are in the US out of status, but not illegal. We have court appointed papers saying our case is in May of 2011 and our application of greencard is being reviewed through two ways.

    So now about me. I recently graduated from college. In college, I met a guy who has been really chose to me since freshman year and soon we were best friends. Eventually, we fell in love and we really want to be with one another. He has proposed to me and he has even told his parents about most of this situation. He is a citizen and we want to get married within the next six months. We were thinking of getting a court marriage first, as we are just settling in our lives together and we don't want to spend too much money on a wedding yet. Maybe we will have a very small religious ceremony with some family members, but not sure yet. Although this situation sucks for us, we actually do want to marry and are not that worried about the interview.

    However, we have these questions/concerns:
    1) Can I get a court/civil marriage in this situation? I have a valid ID and all.
    2) Do we have to reserve a date in advance for the court marriage?
    3) Should we get a lawyer so that I can apply for greencard through marriage? If so, does the lawyer have to be in the same state of our residence?
    4) How much does hiring an immigration lawyer for this type of application cost?
    5) Do we have to fill out I130 and I485? What are the costs of filling these, other than biometrics?
    6) How long is the process on average, from getting a court marriage and filling out these forms to actually getting a greencard?
    7) What obstacles do you foresee for us (so that we can be aware of them)?
    8) How long after we marry, will I be able to work? (My work permit expired so I need it reissued).
    9) Is there anything that you recommend we keep in mind while going through with this?

    Any answers, opinions, ideas, and suggestions will be very appreciated!

    Thank you in advance!!

  • #2
    Originally posted by arigrl View Post
    Hi,

    I have a couple of questions that I hope your expertise will answer or at least lead me to the right direction.

    I came to the US with my family at age 9 (Nov 1998) through tourist visa. My dad then converted to work visa and we lived in the US for a while. During this time, I was enrolled in school and lived a normal life. Maybe, four or so years after, my dad applied for greencard through work and half way through the process, the application was denied. We got our SSN and work permit but not greencard. Then my dad and his lawyer appealed and it is still in process. The case was postponed couple of times and the final hearing is in May, but it does not seem like the greencard will be approved. My parents also applied for greencard through family sponsorship in 1999 and we got news last year that those cases are being reviewed right now.

    So basically, we are in the US out of status, but not illegal. We have court appointed papers saying our case is in May of 2011 and our application of greencard is being reviewed through two ways.

    So now about me. I recently graduated from college. In college, I met a guy who has been really chose to me since freshman year and soon we were best friends. Eventually, we fell in love and we really want to be with one another. He has proposed to me and he has even told his parents about most of this situation. He is a citizen and we want to get married within the next six months. We were thinking of getting a court marriage first, as we are just settling in our lives together and we don't want to spend too much money on a wedding yet. Maybe we will have a very small religious ceremony with some family members, but not sure yet. Although this situation sucks for us, we actually do want to marry and are not that worried about the interview.

    However, we have these questions/concerns:
    1) Can I get a court/civil marriage in this situation? I have a valid ID and all.
    2) Do we have to reserve a date in advance for the court marriage?
    3) Should we get a lawyer so that I can apply for greencard through marriage? If so, does the lawyer have to be in the same state of our residence?
    4) How much does hiring an immigration lawyer for this type of application cost?
    5) Do we have to fill out I130 and I485? What are the costs of filling these, other than biometrics?
    6) How long is the process on average, from getting a court marriage and filling out these forms to actually getting a greencard?
    7) What obstacles do you foresee for us (so that we can be aware of them)?
    8) How long after we marry, will I be able to work? (My work permit expired so I need it reissued).
    9) Is there anything that you recommend we keep in mind while going through with this?

    Any answers, opinions, ideas, and suggestions will be very appreciated!

    Thank you in advance!!
    You are worrying yourself way too much. Get married, make sure you live together and file the necessary forms. Make sure you take plenty of pictures. You DON'T need an attorney. Make sure you have joint bank accounts, cell phones, lease, insurance and what not to prove that you are a real married couple. Since you are out of status, you cannot file for I-485 and can be deported any time! File the I-130, once approved, you can file for I-485, I-765 (Work Permit) and some other forms. Do not leave the country till you get your green card or else you will be barred to return to US for ten years. YOU MUST PROVE THAT YOU ENTERED THE US LEGALLY OR ELSE MARRYING A USC WILL NOT HELP!

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