Applying a green card through marriage, overstayed situation.?

Question

My boyfriend is overstayed in U.S. He came to U.S as visa waver. I am a citizenship holder. We're going to get married here in N.Y. Is it difficult to get a green card after the marriage for him? We do not have money to afford lawers to process that his green card application. Please give me an idea...

Answer 1

You don't need an attorney.

After you are married.....

You file I-130, I-864 and G-325A

He files I-485, I-131, I-765 and G-325A

File them at the same time, in the same envelope.  The cost to file is $1,365.

In less than 90 days he'll get a work permit.

In about 6 months he'll have his interview.

In about a year he'll get his green card in the mail.

You can find the forms here.....

http://www.uscis.gov/portal/site/uscis/m...

Answer 2

go girl get u man a green card ,very nice of you.good luck

Answer 3

Just borrow the money and hire a lawyer. Immigration laws are complicated and they change all the time. Consider it an investment.

Answer 4

Overstaying complicates the situation with him now being out of status. Complications generally require an attorney. One of the qualifying factors is financial status, and lack of funds will also complicate the process. He should not have overstayed.

Answer 5

It is no longer possible to "legalize" an illegal alien by marriage.  Without a current valid visa, you quite likely can't even marry.  If you apply for a spousal visa while he is here illegally, you expose his illegal status and get him deported and barred from re-entry.

If you cannot afford lawyers, you might not qualify for the affidavit of support, either.  You have to prove you have sufficient income and assets to support your spouse and guarantee a $30,000 bond.  You are on the hook for his support for 10 years, even if you divorce.

He has to leave.  If he leaves immediately and voluntarily, he may get a shorter bar to re-entry.  However, since he violated Visa Waiver Program, he will never again be able to use VWP.  He will have to apply for visas and be approved, and with a prior overstay, he will have difficulty getting any visa application approved.  The longer he overstays, the longer his bar to re-entry and the more difficulties for you if you marry him.

Answer 6

No it is not that difficult.  My husband came to US on a business visa in 2005 which expired before we were able to file for his adjustment of status (Green Card.)  He received his temporary Green Card about 3 months after we filed in April 2006 and this year we filed to change the status from temporary to permanent Green Card.  All you need to do is file proper paperwork, there will be several different forms along with 3 years worth of tax returns that you filed with IRS, copy of marriage certificate, proof of you two being together (mortage or apt lease onfo, bills, credit card statements etc.) For more info you should call USCIS at [phone] or visit their website: www.uscis.gov

Answer 7

Well, you need to fill out an I-1330, G-325A affidavit of support, and at least 6 other forms. It's $1,385 if he was still on his visa and there's an additional penalty of nearly $1,500 for an overstay and more. By the way, did you know that if you fill out an affidavit of support, you are respnsible for him until he gets his citizenship, even if you get divorced? A word of wisdom to you....... If he overstayed, he'll marry anybody just to stay here. Don't think this is love because the odds say it's not.