Can I sponsor my girlfriend and her children for a green card? 2 Answers as of July 13, 2011

I am an immgrant.My gf will visit me here.I want to propose and sponsor her. Can she stay here while I am sponsoring her? I am a greencard holder only. I want to surprise my GF and marry her when she come here for a visit. Can I sponsor her and her kid from previous relationship and ask her to stay here while I am sponsoring them? Do she need leave the country after I marry her? How much it will cost me to hire a lawyer? How long is the process?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Baughman & Wang
Baughman & Wang | Justin X. Wang
You will have to marry her first. Then you can file I-130 visa petition. However, she and her child cannot legally stay here waiting for the visa number to become current, which may take 3-4 years. She must leave the US before her I-94 expires. If she can find other independent way to stay, such as H-1 visa, that will be fine. Overstaying her visa in the US may subject her to removal proceedings. On the other hand, if you later become US citizen, she will be able to adjust her status to permanent resident even she overstayed her visa.
Answer Applies to: California
Replied: 7/13/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You can sponsor your girl friend as a green card holder but it will take a number of years for her to receive a green card. She cannot legally stay in the U.S. based on your petition.
Answer Applies to: California
Replied: 7/13/2011
Click to View More Answers: