Immigration Site

Hi all. I have a question which I hope you can help me with. I came on the visa waiver program and overstayed it as I found out I was pregnant from my LPR/green card holder fiance. He had the green card for 10 years, so he could apply for the citizenship. Also, we now have a baby together who is also a citizen. Is there any way to legalize myself in the meantime? I know the citizenship process for him can take long, but we want to get married and I would like to work and travel. Is there any way to do this before he would get his citizenship? What is the best way? Thank you for your advice!!

Hi all. I have a question which I hope you can help me with. I came on the visa waiver program and overstayed it as I found out I was pregnant from my LPR/green card holder fiance. He had the green card for 10 years, so he could apply for the citizenship. Also, we now have a baby together who is also a citizen. Is there any way to legalize myself in the meantime? I know the citizenship process for him can take long, but we want to get married and I would like to work and travel. Is there any way to do this before he would get his citizenship? What is the best way? Thank you for your advice!! He needs to get his citizenship as soon as possible to help you change your immigration status. The latter is the fastest and safest way to your green card. There is no other speedier way, , unless he file for you as a PR and till a visa number becomes available, which is the long route. As a US citizen filing for you, you are looking at about 4-6 months process to your green card depending on the workload in your District Office. Since you are a visa violator, dont travel abroad until you have a green card in your hand. Did he already apply for his citizenship? If so, where is he in the process?

How long did you overstay?

While you can have your overstay forgiven as a result of filing for a green card based on marriage to a US citizen, a court ruling earlier this year gave USCIS the authority to deny the green card applications of visa waiver overstayers, with no appeal possible. So you may be unable to obtain a green card unless you leave the US for 3 years or 10 years, depending on the length of your overstay.

There is no other speedier way, , unless he file for you as a PR and till a visa number becomes available, which is the long route. That is not feasible, because of the overstay.