Ok lets try this again :)

[Confused_1]

I am a canadian citizen who came to the USA just visiting my girlfriend. Infact we both drove back here after she cancelled her flight so we could enjoy the trip!

Fast forward 8 (uh oh) yep 8 months. We now want to get married and for myself to stay here. If i marry her this weekend can i file for a I-130 even though i am not currently on a visa? Will the 8 months destroy me, as technically the visiting period is 6 months.

Thanks again.

[PraetorianXI]

this would be the process to follow: https://www.immihelp.com/family-base...ons-in-us.html

[Confused_1]

this would be the process to follow: https://www.immihelp.com/family-base...ons-in-us.html

So by filing the I-130 and the I-485 (AOS) that is me applying for a green card, correct?

What do you think the approx success rate and timeframe on this will be?

Being as I have overstayed 2 months I face a 3 year ban, so this is the only route in which i can go I believe.

Thanks for answering.

[PraetorianXI]

Yes. that is you applying for a green card.

It should take 5-7 months from start to finish and since you overstayed it is the ONLY way.

Do not even think of leaving the country, even with a travel permit (i-131) or you will be banned from returning. You must wait until you receive your Green Card.

[Confused_1]

Yes. that is you applying for a green card.

It should take 5-7 months from start to finish and since you overstayed it is the ONLY way.

Do not even think of leaving the country, even with a travel permit (i-131) or you will be banned from returning. You must wait until you receive your Green Card.

Thank-You soooo much for your help PraetorianXI. I feel that a dagger has been lifted from my chest.

This I-785 i keep hearing about. Will i submit this as well to expediate getting a SSN and work permit, or does this not permit to me?

Thanks a million.

[PraetorianXI]

I-765.

Is a work permit, it will allow you to get an SNN, which allows you to get a Drivers License, and get things going. You can file for it along with your I-485, the fee for it is included in the application, so no need to pay extra.