Can we get a green card through marriage with an expired visa? 8 Answers as of February 02, 2011

My girlfriend came to the state under student visa. She is currently illegal because that had expired over 10 yrs ago. I would like to marry her, so she doesn't have to live in fear and we can start a family. Application for green card thru marriage says she has to write down what VISA and when it expired on application. Will that flag the INS and cause deportation? We would like to get married and not having to spend too much money on legal fee. But in her case, if we need too we will. Just debating if we could file paperwork ourselves.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you are a U.S. citizen, you can petition her for permanent residency and she needs only to show an original legal entry (whatever number of years ago). I assume she has never gone home after being out of status and has no criminal record. These cases are complex especially with her out of status time and there is much more than just completing some immigration forms involved so I would strongly recommend you get an attorney to assist you. If you would like a fee quote and a list of the supporting documents, procedures, timing, and fees send me an email.
Answer Applies to: California
Replied: 2/2/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
If you are a US citizen then you can file for her.
Answer Applies to: Florida
Replied: 1/26/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
Yes, can absolutely help her. No, the question does not trigger a negative response from Immigration. I would venture to say that most aliens that marry U.S.C. have been in the U.S. illegal for sometime. Contact our office should you need further instructions.
Answer Applies to: Florida
Replied: 1/26/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
Your case can be complicated. If you answer incorrectly you may place her in deportation. Although the applications do not look complicated, one incorrect answer may be counted against you and her application.
Answer Applies to: Texas
Replied: 1/25/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You should not file papers yourself! It is not the legal fee you should be concerned. It is pain and money the possible denial and deportation will cost you should be worried about. It is safe to say, legal fee will save your family life. With the status you will make more money. Without status, you will spend a lot of money to buy her freedom or family reunion. Which one do you prefer?

With that being said, legal fee is worthwhile for sure! Hire a lawyer. Don't risk your happiness!
Answer Applies to: Florida
Replied: 1/25/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    If you are an American citizen, you can file for her after the marriage. The USCIS wants to make sure she entered the US legally, so writing she came in with a student visa (m or F .Might be a more complicated issue if J) is a good thing. Student are usually admitted for Duration of Status (usually noted as D/S on the I-94 form). This means her status is not technically expired (a complicated concept- just write d/s if indicated on the I-94). The USCIS will overlook the fact she stopped attending school.
    Answer Applies to: California
    Replied: 1/25/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    Yes she can apply for a Green Card based on marriage even though her visa has expired. She must truthfully answer all the questions on the applications. Failure to do so will result in her being denied and could lead to her being deported. You can try and do it yourself, but if someone goes wrong, at best you would have wasted all the filing fees and at worse she could be deported.
    Answer Applies to: California
    Replied: 1/25/2011
    Javia & Moore
    Javia & Moore | Marisa-Andrea Moore
    Whether your girlfriend will be able to obtain a green card will depend, among other things, upon your own immigration status. If you are a US citizen, your girlfriend would probably be able to get her green card. Unfortunately, because she did overstay her visa, filing any immigrant petition on her behalf could put USCIS on notice that she is here illegally and could result in her being placed in removal proceedings. Due to the complexity of your case, I recommend that you consult with an immigration attorney.
    Answer Applies to: California
    Replied: 1/25/2011
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