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DAP Forums > DREAM Act > The Lounge

Marrying a U.S. Citizen

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#1
02-01-2013, 02:56 AM
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Hi. I'm just trying to figure the process that I have to go through and my situation upon marrying a US Citizen. I'm extremely ignorant about the process, and tried searching the forum but I havent really been able to figure out the answers to my question.
So I'm getting married in less than a year, and just have a few questions.

I overstayed my visa as a child 15 years ago and have deferred action as of now. I'm a college student right now too.

1. Will I be able to travel once I get a green card?
2. How long would it usually take to get a green card, and would I have to live with my wife at the same address continuously for 3 years? We're in college so until later, it is impossible.
3. I would not have to leave the US at all, right? Just apply for the adjustment for status?

Any information about the general course, following my marriage will be really appreciated. Thank you guys so much!
Last edited by DreamerDreamer; 02-01-2013 at 03:08 AM..
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#2
02-01-2013, 03:23 AM
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I have a friend that adjusted her status before her one year anniversary. Not sure on the details. Kind of different for everbody. Was a visa overstay as well. She was able to travel immediatly after adjustment.
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#3
02-01-2013, 06:23 AM
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Its the same for all over stayer. What you will need to do is have your wife petition for you and fill out a bunch of paper work, pay fees and go to an interview. Go to the uscis.gov website and you will find all the info you need. if you go by what people suggest here you might be given bad advice.

My best friend was an overstayer and she adjusted as soon and she got married. the process was pretty quick and after being granted PR she went back to her home country on vacation to visit family. NOTE: if you adjust before your 2 year anniversary you will be granted a conditional green card. all you have to do is remove the conditions in future and you will have a regular green card.

It's not a hard process AT ALL! specially for you since you entered with a visa and just over stayed.

What might be hard is proving that your marriage is legit. As a married couple it is assumed that you now live together but if you dont live together and an officer sees that as a bit strange you might have to give other stronger proff that your marriage is legit, like having joint bank accounts, a child, property owned by both parties ect... Thats all. Good luck!


1. Will I be able to travel once I get a green card? YES!

2. How long would it usually take to get a green card, and would I have to live with my wife at the same address continuously for 3 years? We're in college so until later, it is impossible. No you dont. You just need to prove your marriage is legit and explain why you dont live togther and convince the officer that your reasons are resonable. the times of processing depends on each case. some are quicker than others. just how some DACA cases are quicker than others.

[b]3. I would not have to leave the US at all, right?Just apply for the adjustment for status? yes
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Last edited by Tortoise77; 02-01-2013 at 06:39 AM..
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#4
02-01-2013, 07:50 AM
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1- Yes.

2- Depends. 4-6 months after applying usually. Could take up to a year in some cases.

3- Since you're an overtstay, no don't have to leave US.
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#5
02-01-2013, 12:46 PM
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Marrying a citizen having a overstay visa is MUCH faster than not having one, my sister got her 2 yr green card in less than 5 months and yes you are able to travel and no need to leave the country at all. After the 2 yrs all you have to is prove you guys are still married and you will get a permanent and 10 year one.
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#6
02-01-2013, 01:17 PM
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The Visa is not what's important to adjust in the U.S. they want the i-94 card....
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#7
02-01-2013, 04:17 PM
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Quote:
Originally Posted by DreamerDreamer View Post
Hi. I'm just trying to figure the process that I have to go through and my situation upon marrying a US Citizen. I'm extremely ignorant about the process, and tried searching the forum but I havent really been able to figure out the answers to my question.
So I'm getting married in less than a year, and just have a few questions.

I overstayed my visa as a child 15 years ago and have deferred action as of now. I'm a college student right now too.

1. Will I be able to travel once I get a green card?
2. How long would it usually take to get a green card, and would I have to live with my wife at the same address continuously for 3 years? We're in college so until later, it is impossible.
3. I would not have to leave the US at all, right? Just apply for the adjustment for status?

Any information about the general course, following my marriage will be really appreciated. Thank you guys so much!
1. Yes.
2. About 6 months at the most, you can obtain a work permit while adjusting status, but since you have one from DACA there's no point in doing so.
3. Yes.
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#8
02-01-2013, 04:51 PM
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I been waiting for mine, its almost gonna be a year since I started the process. But I came here illegally.
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#9
05-17-2013, 08:23 PM
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What if you come here illegally as a child and are now marrying a usc? Will I have to leave the countrry and does it take longer to get approved?
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#10
05-17-2013, 10:08 PM
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Quote:
Originally Posted by DDLT View Post
What if you come here illegally as a child and are now marrying a usc? Will I have to leave the countrry and does it take longer to get approved?
Your USC spouse would need to file I-130 alone, and when that is approved he/she would need to file I-601A waiver with lots and lots of evidence that your absence would cause extreme hardship to them, if that is approved you still need to leave, however in this case only to pick up an immigrant visa abroad.
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Last edited by Demise; 05-18-2013 at 02:08 PM..
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