Help meh Sistrin Please...

[Daft Trini]

Well here is the situation;

This secretary in meh building (she is ah us citizen) went and marry this boy she knew from Jersey City (he visa expire last year) They tryin to file so he could get the residency card?

Anyone know how yuh does go through this process legally ? 

and what are the steps yuh does take?

Thanks in advance...

[JDB]

They want to contact their local USCIS office.

Basically what the spouse has to do is get a non-immigrant spouse VISA to be in the country legally.

Don't know if you can get this without having to leave the country. Also don't know if the fact that he stayed in the country beyond his legal time limit will be held against him when he applies.

I could tell you that they already going about it the wrong way. i.e.

the guy letting his VISA expire and

her not knowing his stauts and/or not preparing for this before she married the guy

[JDB]

Just found This on the Visa.gov site

Spouse and Fiance(e) of an American Citizen

Spouse - If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place.  After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:
Petition for Alien Relative, Form 1-130; and
Petition for Alien Fiancé (e), Form I-129F
Fiancé(e) - If you are an American citizen, you may bring your fiancé(e) to the United States to marry; and live here.

Nonimmigrant visa for fiancé(e) (K-1)- To travel to the United States for marriage. An I-129F fiancé(e) petition is required.

Immigrant Visa for a Spouse (IR1 or CR1)
Nonimmigrant Visa for a Spouse (K-3)
Nonimmigrant Visa for a Fiance(e) (K-1)

And as I said they not going about it in the best fashion.

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

Drug trafficking
Having HIV/AIDS
Overstaying a previous visa
Practicing polygamy
Advocating the overthrow of the government
Submitting fraudulent documents

My advice is to talk to a professional in the field. They have lot of law firms that specialize in immigration law and they usually do free consultations.

[elan]

I know it have many people who overstay their time by years and eventually get married and get their citizenship.
I will have to find out how they did it.

[PantherX]

When I got married I was a resident not a citizen but I was still able to apply for my wife to  live and work in the US...I used an immigration attorney though so I don't know exactly what forms I used.

Also the process took about 7 years...my lived with me in the US while she waitwed so she definitely overstayed her Visa.

It should be easier if it's a citizen making the application.

[Daft Trini]

When I got married I was a resident not a citizen but I was still able to apply for my wife to  live and work in the US...I used an immigration attorney though so I don't know exactly what forms I used.

Also the process took about 7 years...my lived with me in the US while she waitwed so she definitely overstayed her Visa.

It should be easier if it's a citizen making the application.

Yeah the same thing here... I cayr remember all the paperwork.

She is a great person.... and de fella cool 2.... thanks for the responses 

[JDB]

Forever Trini I hope yuh didn’t mistake my posts for doom and gloom. Yuh friend will most likely get through but it is not something she wants to treat casually or to follow through on a friends advice only.

It is likely that the forms you guys used and the process has changed. Don’t know when you were married but everything has changed post 9/11 and continues to change.

I went through the process recently and everything was cool but we used a lawyer from day one and didn’t even contemplate doing it any other way. That should be your friend’s first move.

[JDB]

When I got married I was a resident not a citizen but I was still able to apply for my wife to  live and work in the US...I used an immigration attorney though so I don't know exactly what forms I used.

Also the process took about 7 years...my lived with me in the US while she waitwed so she definitely overstayed her Visa.

It should be easier if it's a citizen making the application.

Once you start the process your visa can expire and it is no problem because they know what the scene is. It is different if you come on a student visa or visitors visa and allow it to expire or even overstay the time that they allow.