Hi,

I am in a very tight spot and need advice.

First off, I came to the US on a student visa but because of financial problems, I violated my stay here and have since become Illegal. I married my girlfriend sometime last year but we never came around to filing for my papers. Now we are going through a divorce.

I have a friend who doesn't mind helping me file for me so I can get my green card but she is concerned that it might interfer with her filing for her mum and brother (which is in progress now)> She wants to know if this would be a problem if she marries me and files for me. Also I need to know if my being previously married, divorced and immediate remarry has consequences.

Thanks for any advice

There are a few problems on both sides:

Your g/f has already filed for her mom and brother, she may be able to file for you too if her income meets the requirements.

What you can expect is USCIS will request an explanation and supported evidences on why you were divorced and if this marriage is not a sham marriage.

In a case like this, do not proceed on your own. Consult experienced immigration attorney.

There are a few problems on both sides:

Your g/f has already filed for her mom and brother, she may be able to file for you too if her income meets the requirements.

What you can expect is USCIS will request an explanation and supported evidences on why you were divorced and if this marriage is not a sham marriage.

In a case like this, do not proceed on your own. Consult experienced immigration attorney.


Hi Lawanwadee,

Even though I am illegal, would my income help? I make $30,000.

Thanks

Your income doesn't count. She must provide a copy of her tax return during the past 3 years, with income over $26,500 if she live in 48 states, or $33,125 for Alaska, or $30,475 for Hawaii.

This amount covers herself, her mom, her brother and you. If she has children, then add another $ 4,500 per each child.

How do you maybe $30,000 a year if you are illegal?

As stated all these factors will have a negative effect on the processing of your papers, the marriage and divorce and immediate re-marriage will look bad and you will probably have several interviews to determine if you are getting married only to get the papers.

Also your friend's income will have to be enough to be able to support 3 family members on green cards.

Definitely spend the money and hire an immigration attorney, even if you just go for a consultation with an attorney they can at least guide you through what needs to be done.