Can I adjust my status to marry my girlfriend? 12 Answers as of March 28, 2012

I entered the US via f1 visa in 2007now expired. I got out of status the same here. Now I have been in the US for 5 years. I have wanted to marry my US citizen girlfriend now. I am a father of our US born daughter. My girlfriend doesn't work. Her unemployment benefits are exhausted and she only relies on food stamps. Can I adjust my status if I marry her. What's the stepwise procedure to go about this?

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Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
Yes, but you will most likely need a cosponsor.
Answer Applies to: California
Replied: 3/28/2012
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
You will need legal help in all likelihood. You can adjust your status here if you marry but your affidavit of support will not be sufficient so you will need a co-sponsor.
Answer Applies to: Texas
Replied: 3/26/2012
Kuck Immigration Partners LLC
Kuck Immigration Partners LLC | Charles Kuck
Yes, you can apply, but you will need a "co-sponsor," another U.S. Citizen or permanent resident to present his tax return to the U.S.
Answer Applies to: Georgia
Replied: 3/26/2012
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You appear to be eligible for adjustment of status once you married your girl friend and should contact an immigration attorney regarding filing a visa petition and adjustment application.
Answer Applies to: California
Replied: 3/23/2012
Bell, Nunnally & Martin, LLP | Karen-Lee Pollak
Once you are married, you can adjust your status even though you overstayed your visa. Since your girlfriend does not work, she will need a co-sponsor with an income to sign an affidavit of support to evidence you will not be a burden on the US.
Answer Applies to: Texas
Replied: 3/23/2012
    Law Office of Bijal Jani | Bijal Jani
    You may marry your girlfriend, but the fact that she is unemployed will affect her ability to petition you.
    Answer Applies to: New York
    Replied: 3/23/2012
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    Yes, as long as you entered the US lawfully and can prove that lawful entry, even if your status has now expired, you can adjust status to permanent residence on the basis of marriage to a US citizen. You should not leave the US until you get a green card because doing so may prevent you from being able to return to the US for a period of years.
    Answer Applies to: California
    Replied: 3/23/2012
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You should be fine to apply for your green card. You may, however, be required to find a financial sponsor. The entire process only takes about 3 to 4 months from start to finish. Please consult with an experienced immigration attorney. The good news is that there is no penalty for overstaying your visa : ).
    Answer Applies to: California
    Replied: 3/23/2012
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    In general, someone who has entered the U.S. lawfully and with inspection and later marries a U.S. Citizen may adjust status to become a Lawful Permanent Resident (get a "Green Card"), notwithstanding that he has overstayed his visa by many years. The fact that the U.S. Citizen wife is unemployed and receives government benefits will not stand in the way of the adjustment of status, although the couple will need a "Joint Sponsor." The Joint Sponsor need not be a relative, but generally may be any U.S. Citizen or Permanent Resident who has sufficient income and who is willing to assume the responsibilities in the Affidavit of Support. It would be wise to engage an immigration attorney for a family situation like this.
    Answer Applies to: Georgia
    Replied: 3/23/2012
    Serianni Law, P.A. | Demian Serianni
    The answer to your question is yes if you can prove that you entered the U.S. lawfully at the time of your last entry and if you are admissible to the U.S. Proof could include, but is not limited too, an original Form I-94, an admission stamp in your passport, or a replacement Form I-94 from USCIS. USCIS Orlando is adjudicating adjustment of status cases in approximately 6 months right now.
    Answer Applies to: Florida
    Replied: 3/23/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Assuming your F-1 visa was valid, you could marry and adjust your status. The issue you may face is the affidavit of support requirements. If you wish to pursue adjustment of status, you must first marry. Your wife will file an immigrant visa petition and you will file an application for adjustment of status. You will be fingerprinted and interviewed to determine whether the marriage is bona fide and if you are eligible to adjust your status.
    Answer Applies to: New York
    Replied: 3/23/2012
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