How can I obtain immigration status for my girlfriend? 6 Answers as of January 03, 2011

My I-485 is pending (eb-3) with PD 07/2007. I want to sponsor to my girlfriend (visit to US under waiver visa). Need help what is the option for her or I can help to let her stay here ? If we are merried, what status that she can get?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
With a visa waiver she will not be able to change status to another nonimmigrant category and since you are only EB-3 even if you were married she could not yet file her I-485: (1) would need a current Priority Date; and 2) cannot adjust from VWP unless married to a U.S. citizen and still within the 90 day waiver period. Best is to have a consultation on other possible nonimmigrant classifications she might qualify for then have her go home before the VWP expires and return in the new longer classification. If interested in talking about this call me at the number below.
Answer Applies to: California
Replied: 1/3/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
Unfortunately, you must wait until you obatin your residency to sponsor your girlfriend. As you are currently waiting, there are no means to sponsor your girlfriend.

Perhaps she can obtain a visa a come visit in the U.S.
Answer Applies to: Texas
Replied: 1/3/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
As you know from the current Visa Bulletin, your priority date is still approximately 2 years away from becoming current and your I-485 cannot be approved until that time. If you still maintain a nonimmigrant visa status (such as H-1B) while your I-485 is pending, then your future girlfriend could apply to obtain that nonimmigrant visa status as spouse after you marry, but she cannot change her status in the US but would rather have to apply at a US consulate overseas. I would recommend that you contact an immigration lawyer to consult as to the alternatives for your girlfriend.
Answer Applies to: Florida
Replied: 1/3/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You cannot sponsor your girlfriend to visit the U.S as a visitor. If you and your girlfriend get married BEFORE your I-485 is granted, they she would be eligible to apply for an immigrant visa as a derivative beneficiary of your EB-3 petition once your I-485 is approved. However, you must be married before your I-485 is approved. If you married after it is approved, you would have to separately petition her and it could take 3 to 7 years for her to immigrant to the U.S. Also, if your girlfriend comes to the U.S. under the Visa Waiver program she cannot file and I-485 even if you marry before your I-485 is approved. She would still have to depart the U.S. and apply for an immigration visa.
Answer Applies to: California
Replied: 1/3/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
If you are married, she will not get any status until your PD is current and she can apply for her greencard through you. However, she needs to be in a legal status at the time of application. I recommend that you see an immigration attorney to flesh out this plan.
Answer Applies to: Virginia
Replied: 1/3/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Your I-485 is pending does not mean you are LPR already. You cannot sponsor anyone unless you are green card holder. If you marry her, you may petition for her when your I-485 is approved. But she has to maintain her legal status here. Petitioning for I485 does not give her status.
    Answer Applies to: Florida
    Replied: 1/2/2011
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