Immigration Site

Me and my girlfriend of 2 years are trying to figure out how the marriage process works!

Ive came here before I was 15 on B-visa and stayed till today. Meanwhile, Ive graduated from high school and now getting ready graduate from college at the end of this year. I would love to travel with my girlfriend as well as being a productive member of this society like my peers but I cant do anything given my status/situation. DREAM ACT which I met all the criteria for - was turned down by the congress. Fortunately, my girlfriend has recently asked me to marry her after understanding my situation as well as our future together.

So the process starts here but I have no clue:

As far as I know, we have to go to the court to get the marriage certification then send I-130 and I-485 along with other applications to USCIS. Ive already applied through my mother who is a U.S. citizen and my I-130 got approved but it didnt work out with I-485 because I was aged out. Im not sure if I have to send I-130 again or how this process would work out!

If you have expertise in this area, please help! Your help will forever be remembered, God Bless!!!

Ive already applied through my mother who is a U.S. citizen and my I-130 got approved but it didnt work out with I-485 because I was aged out. Even if youre over 21, that doesnt mean youre automatically aged out. The CSPA has provisions that may allow you to adjust status after turning 21.

Was the I-485 filed and then denied? If yes, when was it denied? Were you under 21 when your mother became a citizen? How old are you now, how old were you when your mother filed I-130 for you, and how long did the I-130 take to get approved?

How did your mother obtain her green card? If it was through marriage to a US citizen, how come you didnt get your green card when she did? Did she marry after you turned 18?

Your green card process will be much easier if you can get it through your mother instead of your future wife. If you answer these questions we can figure out if there is still hope for you to adjust status through your mother or her husband.

Thanks so much for taking the time to reply! Your time is greatly appreciated! So here goes my story:

On September 2001, I came here on visitor visa with my mother (due to my parents separating) and resided here till today (I was 15 when arrived). I went through 4 yrs of high school, got my GED followed by an associate degree from a community college and now Im an undergrad student pursuing my bachelor degree (1 more semester left). While I was in community college, my mother became a Green card holder through marriage in August, 2006. Then she filed I-130, right after I turned 21 but I was 20 years old when she became a green card holder. So receipt date is Dec 11, 2006 and approval for I-130 is Sep 24, 2009. Problem is that Im 25 now and I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months, so I think that I may not be qualified as an immediate relative.

The reason I didnt apply with my mother back when she got married is that I was told by the lawyer not to do so because there might be a chance of deportation etc. Therefore, we had the impression that the applications for me could not be sent till my mother has become a green card holder.


Regardless, I am now still in the waiting for the visa availability; the priority date is Dec 08, 2006, F1.
Currently, visa availability date at NVC is 01MAY04 and it was FEB06 just a few of months ago so Im confused why the priority date has gone back.
http://travel.state.gov/visa/bulleti...etin_1360.html
Unfortunately, I was also told that even if I send I-485 application when the priority date becomes current, it will still not be approved because Im residing here with an over-stayed visa and I won’t qualify for CSPA.

Last year, I received a letter from NVC requiring DS-3032 and I-864 which Ive filled out and sent to them but I regarded the fact that I live in the United States on overstayed visa again, perhaps all due to the fact that I didnt have money to hire a lawyer. I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees for those application, apparently. I was not going to leave the country to interview overseas because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now. Ive talked to some lawyers on the phone but they have completely shut my hopes down.

I-485 and the rest of the application that go with it are expensive and Im really hesitant to waste my money again because NVC hasnt sent my money back for my mistakes. Im completely convinced that my I-485 wont get approved and I have no financial means to try my luck.

My mother became a U.S. citizen in Aug, 2009 when I was 24.

Again, I really appreciate you took the time to reply. I apologize if my story is all over the places and I really hope there is a chance!

Basically, the lawyer who filed my mothers paper screwed up and when we had a chance to hire a lawyer in 2006, we had no money and messed it up again!!

Now, Im getting ready to graduate and I would love to be able to get a job upon graduation. I would hate to be rejected from a job offer because of my papers.