Check out some similar questions!

Mark Warburton · Mar 9, 2009, 06:32 AM

My friend I have known over 2 years came to the united states with her dauther and now her visa has expired.
We wish to get married is this going to be a problem for her after we get married to get her a green card and legal status.
I was married twice before to foreigners but they were long marriages and just ended in divorce.

DCcityboy · Mar 9, 2009, 08:18 AM

From your post, it doesn't sound as if you are marrying to have a shared life together. If you are marrying to help her US immigration status, I advise you not to.

If the situation is otherwise, let us know (include the age of the daughter) and we will respond to your inquiry. Thank you.

Mark Warburton · Mar 9, 2009, 08:58 AM

Yes we intend to be married forever and are in love. Her daughter is 8 years old. I am 52 and she is 30. I have known her about 2 years. Really want to know if this will work and if we can have a legal life together in the U.S.

Mark Warburton · Mar 9, 2009, 08:59 AM

And if it is possible and what steps we would have to accomplish. Thanks

DCcityboy · Mar 9, 2009, 10:54 AM

Great, congratulations.

These are the steps you need to take; get married and document the marriage, file the relative petition (I-130) and the application for permanent residence (I-485), with the EAD application (I-765), biographic information sheet (G-325-quadruplicate for both of you) and the affidavit of support (I-864).

You file all forms concurrently with your divorces, evidence of the bona fides of your marriage--evidence of cohabitation and co-mingling of funds. You will need to have good documentary evidence as well as a good interview, in that you have petitioned for three spouses. The officer will likely have more questions as you have a history of petitioning.

Your wife's status violation and any unauthorized employment will be forgiven under INA section 245(a). You will need to show she and her daughter entered lawfully.

How old is her daughter? She must be under 18 at the time you marry, the day the stepchild relationship is created. You need to file for your stepdaughter separatelty. You should file for her at the same time.

Your case is approvable, as long as your marriage is for the right reasons, and not only for an immigration benefit. I advise you to consult with an experienced immigration attorney.

If this was helpful, rate this answer. Thanks and good luck.