Marrying a us citizen - Page 2

Originally Posted by Ianus

Then you would not be able to gain an adjustment interview successfully on US soil and would have to be in your country of origin in order for the document to be gained.However,since most here are over 18 and have had unlawful presence for more than 1 year no US embassy would give the benefit for at least 10 years unless an I-601 waiver is approved proving extreme hardship.

Usually you get documentation at the 3 month level if you applied for it via a work permit,however the adjustment interview if successfully approved can net either a 2 year conditional residency card or a full 10 year green card.It all depends if the relationship has been *bonafide* for at least 2 years at the time of the adjustment interview,if less than 2 it would be conditional and if more it would be full permanent residency.
What you're asking would basically depend on how long the *bonafide* marriage has been when filing what is called an I-751 or removal of conditions if the *bonafide* marriage at the time of the adjustment interview was less than 2 years.It basically all depends on the timeline.
Seriously,it is explanations like this that misinforms people in to doing the wrong thing when it comes to something as important as immigration paperwork.

You DO face a 10 year bar if over 18 and have unlawful presence for more than 1 year if you try to adjust through a US citizen spouse if you have to leave the US to *pick up* your residency at the US embassy in your country of citizenship.

Originally Posted by FrankoKid

So im pretty much good since I came with Visa ? If I get married and am in a bonafide marriage im pretty much to get a work permit in 3 months ?

Originally Posted by Ianus

1.If it is a bona-fide marriage and the person is a US citizen your chances are good that USCIS will waive any unlawful presence at the adjustment interview stage.

2.If you file the paperwork for an I-765 in conjunction with your marriage adjustment paperwork it is likely to be approved.

However,I don't think anyone should pay for work authorization at all considering the costs and time-line you're going to have it.Adjustment interviews are usually only 2-4 months later and if a person has a strong case and is approved can work right after even without the card.

Originally Posted by Hannie

Do you think that if you were more than willing to join the US military your case would be more likely to succeed?

Originally Posted by Ianus

There isn't enough information to answer this hypothetical,more detail is necessary.

Originally Posted by Ianus

Wanting to join any Military branch is not considered a factor for allowing someone to stay and adjust through a US citizen immediate relative.The only factors technically are how you entered and if you can prove it or if you are under something called 245i by application or derivatively[both have to be proven] are generally the only ways to adjust an application for permanent residency through a US citizen immediate relative[spouse in this case].

Joining the Military can be seen as a positive factor generally in your case but not to subsequently allow adjustment on US soil.Most naval and air services in the military branches also usually require US citizenship from my understand.

I'm guessing since you mentioned 'extreme hardship' that you're talking about the I-601 process.'Extreme Hardship' is pretty much well defined under Immigration law the only question here is what could be unique to your situation as a couple that would warrant it successfully and that would require an immigration attorney.For examples you can always go to Immigrate2us.net or here.

Originally Posted by Hannie

I really hope they don't make me leave him

Originally Posted by Hannie

Well, I'm a visa overstay........