Where the heck do I start?

[zolt]

I have a girlfriend I have grown very close to and we may get engaged soon. I am a U.S. citizen from birth. She has been in the U.S. without documentation for a lengthy time as has the rest of her family (CA). She has had children since coming to the U.S. and they are U.S. citizens but she was never married. She has worked hard the entire time in the service industry and even owns a home, etc. From what I have read it is next to impossible for her to obtain a permanent green card without her having to leave the U.S. and apply from the country she left over 10 years ago and then there is a lengthy time penalty. Is it even possible even if we get married? What are the options? Where do I start? This has been a real eye opener....

[rayb]

Marry her. Submit an I-130 spousal petition. After the petition is approved, she will have to return to her country and go to a Consulate interview, after her medical exam. At the interview, she will "usually" be given the option of submitting a waiver application, I-601A, to overcome the required 10-year waiting period to reenter the U.S.

--Ray B

I have a girlfriend I have grown very close to and we may get engaged soon. I am a U.S. citizen from birth. She has been in the U.S. without documentation for a lengthy time as has the rest of her family (CA). She has had children since coming to the U.S. and they are U.S. citizens but she was never married. She has worked hard the entire time in the service industry and even owns a home, etc. From what I have read it is next to impossible for her to obtain a permanent green card without her having to leave the U.S. and apply from the country she left over 10 years ago and then there is a lengthy time penalty. Is it even possible even if we get married? What are the options? Where do I start? This has been a real eye opener....

[zolt]

Marry her. Submit an I-130 spousal petition. After the petition is approved, she will have to return to her country and go to a Consulate interview, after her medical exam. At the interview, she will "usually" be given the option of submitting a waiver application, I-601A, to overcome the required 10-year waiting period to reenter the U.S.

--Ray B

That is a huge concern. She has no family there or even friends because she has been gone so long and her family are all over here. If she were to go back and not be given a waiver it would be devastating.

[inadmissible]

The I-601A Provisional Waiver procedure was established so that an alien can apply for the waiver while still in the United States, remain in the United States while awaiting the adjudication of the waiver (albeit being removable), then depart the United States upon approval with some (but not complete) assurance that they will be granted an immigrant visa at the consulate abroad

If she departs the United States before an I-601A provision waiver is approved, she will trigger the grounds of inadmissibility relating to unlawful presence, and will then have to wait abroad until the I-601 (regular waiver) is approved.

Both the regular and provisional waiver takes around 14 months to process, so the choice between the two approaches are not trivial.

To utilize the provisional waiver process, your I-130 must be approved, which is to say you must be married first

Another alternative is available to childhood arrivals who are eligible for DACA. With approved DACA, she can then apply for Advance Parole, and upon approval she can depart the United States without triggering the grounds of inadmissibility relating to unlawful presence. She can then return to the United States using Advance Parole, in which case she will be eligible to apply for Adjustment of Status on the basis of your marriage

Both the provisional waiver and DACA AP approaches are fairly painless in comparison to waiting abroad for waiver approval

[newacct]

I have a girlfriend I have grown very close to and we may get engaged soon. I am a U.S. citizen from birth. She has been in the U.S. without documentation for a lengthy time as has the rest of her family (CA). She has had children since coming to the U.S. and they are U.S. citizens but she was never married. She has worked hard the entire time in the service industry and even owns a home, etc. From what I have read it is next to impossible for her to obtain a permanent green card without her having to leave the U.S. and apply from the country she left over 10 years ago and then there is a lengthy time penalty. Is it even possible even if we get married? What are the options? Where do I start? This has been a real eye opener....

Did she enter the US legally or illegally?

[vangiesen]

Did she enter the US legally or illegally?

I have a friend with almost the same case. He was married with an American citizen, had a child, then got separated and got the guardianship of the child. By the time he applied for his green card, he was married again with another american citizen. He had to leave to Mexico and had to stay there for about 18 months. His wife took care of his child. He had a lawyer taking care of his case and many American citizens that wrote letters attesting to his good character and high morals. The lawyer attached these letters to the application (this was done while he was in Mexico). So, now he's back in the U.S. and is a legal resident.

[inadmissible]

I have a friend with almost the same case. He was married with an American citizen, had a child, then got separated and got the guardianship of the child. By the time he applied for his green card, he was married again with another american citizen. He had to leave to Mexico and had to stay there for about 18 months. His wife took care of his child. He had a lawyer taking care of his case and many American citizens that wrote letters attesting to his good character and high morals. The lawyer attached these letters to the application (this was done while he was in Mexico). So, now he's back in the U.S. and is a legal resident.

I am glad things worked out for your friend

However, this is not the best approach for someone who has not already left the United States, and does not want to spend 14 to 18 months abroad while waiting for their waiver to be approved. The provisional waiver process was established for immigrant visa seekers who wish to remain unlawfully present in the United States while their waiver application is adjudicated.