Does my fiancé have to leave the country to get a green card? 4 Answers as of February 10, 2011

My fiancé entered to the US illegally when she was 15. She didn't have a choice. Now she is 23 and I want to get her Green Card through me. I am a US citizen. Does she have to go back to her country, and get marry there? How long will take her to come back? I don't want her to go back to her country what can I do.

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

Free Case Evaluation by a Local Lawyer: Click here
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes, she will have to move out of the country.
Answer Applies to: Tennessee
Replied: 2/10/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
She will not have to go back to her country if someone petitioned for her or her parents (Form I-130 or I-140 submitted to USCIS for her or her parents) on or before April 30, 2001. If someone (or a company) did that for her or her parents, then she does not have to return to her home home country to get her green card.

If there was no prior petition filed before April 30, 2001, then she must be processed back in her home country for the green card and she cannot apply for it in the United States. I recommend not going through the process and have her wait for the Dream Act, which is much more of a sure thing than going through the US consulate or Embassy abroad for processing because she is likely to be refused.

If she has US citizen spouse or children or parents who are really sick in the US then it may be worthwhile to process her case abroad with her husband's petition because the US consulate is more likely to approve her visa if she has to come back to the US to take care of sick family members who need her here.
Answer Applies to: California
Replied: 2/8/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Hire a lawyer. Otherwise, once your case is denied, she will be deported right away. Secondly, going back means she will be denied entrance for 10 years (10 years immigration bar). You should hire a lawyer right now to fix your problem.
Answer Applies to: Florida
Replied: 2/8/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Since your finance did not last enter the US with admission and inspection, unless she is protected under Section 245(i) she cannot apply for her Green Card in the U.S. and would have to apply at the US consulate in her home country. Since she has been unlawfully present in the US for more than 1 year she will need a waiver to come back.
Answer Applies to: California
Replied: 2/8/2011
Click to View More Answers: