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slqa · Jul 12, 2009, 12:17 AM

My question is this I am trying to marry my fiancé who is here illegally and bring her daughter here from outside the USA . They both have a passport is there anyway that we can do this process of getting married and to bring her daughter here ?

DCcityboy · Jul 12, 2009, 06:04 AM

It depends on the details of her immigration status.

How did she enter the US, what visa did she use, did she file for an extension or change of status, any labor certification filed for her before April 30, 2001, any US relatives ever file for her? etc.

Shinysuntej · Jul 12, 2009, 06:37 AM

Journal entries for bank charges,
Depreciation
Provision for bad debts,
Sales,
Cashsales,
Credit sales,
Credit purchases,
Cash purchases,
Purchases,
Bad debts,

slqa · Jul 12, 2009, 05:40 PM

Neither my fiancé or her daughter have a visa . My fiancé came here only on a passport and never left and her daughter is still in her country. She has no labor certification and no relatives that have filed for her .

DCcityboy · Jul 13, 2009, 05:47 AM

From the limited information provided, it sounds like she made a valid entry and then overstayed on her I-94.

As such, she should be able to file to adjust her status in the US to PR.

You need to marry, then file the relative petition and the application for adjustment of status. She will be scheduled for biometrics, granted an EAD, then both of you will be scheduled for an interview to determine the bona fides of your marriage. Not advisable to travel during this time, even with A/P.

The case should be approved under section 245(a), that forgives the O/S and unauthorized employment. There is no penalty fee to be paid and she completes the process here in the US, avoiding the 10 year bar from the US.

With a long term overstay, and a minor dependent, consult with and hire an experienced immigration attorney.

I trust this is responsive to your inquiry. Good luck.