Marriage in the United States with an immigrant?
OK so I am about to turn 18 in Feb.
My girlfriend is just turned 20 this past Sept.
We been dating for almost 2 years (Oct. 21, 2009). We been talking about getting married as soon as I'm out high school.
We wanna get married, but we do not know if there is going to be any issues with that, because on my status.
I looked up Information online about it, but nothing seems like my case.
This is my case:
When I was 11 my parents brought me and my siblings to the United States on Tourist visas. I did not know that stuff, because i was only 11. I was just a little kid.
We came to United States, and stayed here to live.
Apparently my Visa and Passport expired when I turned 15, or something like that, but my parents did not renewed Visa, just my Passport at a building in Atlanta(I cannot think of the name of it right now, but the building belongs to Mexico, and people go there to renew their passports and other things),
Now I am stuck without a Visa.
My parents do not want to become US citizens, for...personal opinions or issues, i do not know. They are not interested.
Now they want to leave in this up coming December, but they been saying they will leave for 10 months now. I told them I refuse to leave, and that i do not want to go back.
I wanna stay in the United States with my girlfriend. I also want to finish High School, which makes no sense leaving in the middle of the year after I already paid for cap and gown and completed my community service.
I also want to join the army.
Right now I am still considered a minor to the law.
I cannot do anything until I turn 18.
But i would like information on what i should do?
Will there be any penalties for having an expired visa, and the improper visa to live in the United States, even though that is my parents fault( I was 11, it was like I was forced to come, a kid would follow their parents, know what I mean?)?
Should I talk to a lawyer about my status?
- RaelynLv 78 years agoFavorite Answer
Your parents did not renew your tourist visas because they could not do so. Tourist visas are for visiting, not living, working, and going to school in the US. Though your tourist visas were valid for five years, visitors are allowed to stay for only up to six months at a time and are supposed to leave and remain outside the US for awhile before coming back for another visit. Your family obviously did not do that. Like millions of other foreign citizens, they used tourist visas to immigrate. Whether or not your parents want to become US citizens does not matter because they can't do so anyway. As a minor, you must return with your parents to Mexico. I don't know why your parents would take you back when you have only one semester left before you graduate. They can appoint a legal guardian to care for you so that you can remain in the US to finish high school. You should know that once you turn 18, you become liable for your illegal presence. If you leave within six months of your 18th birthday, you can avoid a bar on re-entry and come back with either a F-1 student visa to attend college or an immigrant visa if your girlfriend is willing to marry you. Ask your high school counselor about community organizations that help Latino immigrants. They can advise you on how to get a green card through marriage to a US citizen.
EDIT: Brother usually gives accurate information and good advice, but he made a mistake in telling you that your girlfriend has to wait until she's 21 to petition you. There is a minimum age of 21 for other US citizen and LPR petitioners, but NOT for spouses. As long as the marriage is legal, she can petition you as a 20-year-old. If she does not make at least $19,500, you will need a financial co-sponsor to sign an affidavit of support. See confirmation of the rules here:
- mattanLv 43 years ago
Certainly, offered you bought a wedding certificates from the State wherein the wedding used to be played and any individual that used to be invested via the State to marry participants signed the wedding certificates. That does not imply the unlawful immigrant routinely turns into a U.S. Citizen or supply them unfastened entry to the United States itself (nonetheless ought to move by way of the authorized immigration system).
- Brother HesekielLv 78 years ago
Your story does not completely add up, and I don't blame you for it as you are young and may have misunderstood things.
First things first. Find your passport and look if there's indeed a visa in there. If there is, it's probably a B2. If so, find the I-94 at the back of your passport. It's a white form stapled into it, and this form, not the visa, proves that you entered the U.S. "with inspection." If you have that, take a deep breath, as that's really good news for you. You should also see an entry stamp from U.S. Customs and Border Patrol in your passport.
Here's one problem regarding your parents.
If your parents came with a visa as well but overstayed, they cannot leave without triggering a 10-year bar. But even after the bar is served, they will never be able to get a non-immigrant visa to the U.S. again as long as they live. The only way for them to come back to the U.S.--after 10 years--is if an "immediate relative of them" who also needs to be a U.S. citizen, petitions for them for an immigrant visa.
Now it gets interesting, and I really want you to pay 100% attention.
If a foreigner (you), who entered the U.S. "with inspection" (again you), becomes the "immediate relative" of a U.S. citizen (again, you, after having married one), then the foreigner (you) can apply for Adjustment of Status (AoS) from non-immigrant to lawful permanent resident (LPR), which is what a Green Card holder formally is. This always happens from within the United States. An illegal alien does not have this option, as he would have no status to adjust from. That's why I asked you to check your passport. You will need to prove when and how you entered the U.S., basically with a visa. In such cases unlawful presence (overstay) is not being made an issue of.
Here's one problem you have. Two actually.
1) Your wife needs to be at least 21 years of age before she can petition for you, so one more year of waiting time. No way around it.
2) The petitioning spouse (your wife) must submit an Affidavit of Support to the USCIS. Basically she will have to prove that she can support you financially. Uncle Sam wants to make sure that no foreigner becomes a public charge. The basis for this is her income, more precisely her income tax returns. If she doesn't make enough, she will need a co-sponsor. That can be any U.S. citizen or LPR.
Now, I know that's a lot to take in at once. Again, find your passport. Without it you are toast. Secondly, learn about this process. It's straight forward but you need to put effort into this. You don't need a lawyer for AoS; it's a straight forward administrative process, even with the overstay, and it costs money enough ($1,490 plus medical) in fees alone, so you don't need to add $2K for a lawyer to it.
Go to http://www.visajourney.com/ and read the AoS Guides. Learn everything about AoS.
Good luck to you!Source(s): I'm a natural-born German and Swedish citizen and naturalized U.S. citizen. I have an educational background in philosophy and political science and work as a corporate attorney in California. Since I’m an immigrant myself, I’m interested in immigration law in general and issues concerning multiple citizenships in particular.
- 8 years ago
In your case, I am reluctantly going to support you. I believe people like your parents are part of the enormous illegal alien problem we currently suffer. After all they have done, your parents show how little they considered the impact of reproducing or care about their offspring, by wanting to "save their necks" (now that the U.S, us waking up) and scattering like other illegals to who knows where.
I would strongly advise you to get a good lawyer. You do sound like someone who is "upright" and desires to truly have allegiance to the U.S. rather than mexico. More of a true U.S. citizen then many. Joining the military may be a wise choice. My prayers for you.
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- ItsMeeh2250Lv 68 years ago
Like Brother has stated, find your passport. You have to prove that you came in with inspection. Marry your gf, but she must wait till she turn 21 to file a petition for you.
- Celeste NicoleLv 58 years ago
I am very conservative. However, my father married an illegal immigrant. She came on a tourist visa with her three children. She got her green card because she married my father. It was expensive and time consuming. Thats just a personal experience that I have had with it.
- Anonymous8 years ago
you and you family are in the US illegally ...
None of you can become legal
An illegal cannot adjust status in the US
Marriage and babies will not help either ..that is a myth
To become legal you have to return home
There is a specialty forum one that deals solely with your unique issue. http://immigrate2us.net