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DAP Forums > DREAM Act > The Lounge

Is anyone here...

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#1
12-02-2010, 10:26 PM
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geezyoupark
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...dating or married to a permanent resident?

I overstayed my visa 20 years ago and am seriously dating a permanent resident (he's English). If we get married, I've read it can take 6 months to a year, and I've also read that it can take five to six years to obtain a visa (I don't really care about being a citizen, I just want to legally work). Does anyone have any legitimate knowledge on this matter?
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#2
12-02-2010, 10:28 PM
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eddy
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Quote:
Originally Posted by geezyoupark View Post
...dating or married to a permanent resident?

I overstayed my visa 20 years ago and am seriously dating a permanent resident (he's English). If we get married, I've read it can take 6 months to a year, and I've also read that it can take five to six years to obtain a visa (I don't really care about being a citizen, I just want to legally work). Does anyone have any legitimate knowledge on this matter?
It should be easier for you as an overstay. I am not entirely sure about the wait times, but it's definitely worth the wait if you are genuinely in love.
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#3
12-02-2010, 10:30 PM
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TexasDreamy
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You can only get a visa once he gets his citizenship. As it stands now, since he's an LPR and you marry him, your overstay isn't forgiven. However, if you marry him now and then wait until he's a citizen to apply, you'll be able to get your LPR visa quckly (probably under six months). Since you've been married for a while, your LPR won't be conditional residency status.
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#4
12-02-2010, 10:30 PM
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Task_1539
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Yeah, just make sure you really are serious with this guy. If anything happens while you wait for your application you get nada.
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#5
12-02-2010, 10:36 PM
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TexasDreamy
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Right...

However, it doesn't matter if the I-130 becomes current if he's an LPR because she will not be able to adjust her status while in the country. She'll have to leave and then face a 10 year (or lifetime, perhaps) ban. When he becomes a USC, she can adjust her status while in the country. If she leaves before adjusting her status, however, even if he's a USC, she still faces the 10+ year ban.
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#6
12-02-2010, 10:42 PM
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dream_hope
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To echo everyone else: you can't adjust your status through marriage unless he becomes a USC.
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#7
12-02-2010, 10:45 PM
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geezyoupark
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Just out of curiosity, what are everyone's sources here?
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#8
12-02-2010, 10:51 PM
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dream_hope
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Quote:
Originally Posted by geezyoupark View Post
Just out of curiosity, what are everyone's sources here?
Years of trying to find ways to legalize my status
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#9
12-02-2010, 10:58 PM
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TexasDreamy
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(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

[... snip...]
(B) 13/ ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.


(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

[... snip..]


(C) Family-Sponsored immigrants.-Any alien who seeks admission or adjustment of status under a visa issued under section 201(b)(2) or 203(a) is excludable under this paragraph unless-

(i) the alien has obtained-

(I) status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) or section 204(a)(1)(A) , or
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#10
12-02-2010, 11:01 PM
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geezyoupark
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What is LPR?
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