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I met a canadian girl here in america and she is past her…

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I met a canadian...

I met a canadian girl here in america and she is past her visa stay i am considering marrying her because we are in love and if we marry hopefully she does not have to leave but i do not want to sponsor her, her friend says that she will fill out the paperwork and sponsor her, i was wondering if i have to sponsor her if we are to get married or if her friend can do so and would the sponsorship paperwork be done then before marriage?

Lawyer's Assistant: What steps has she taken? Has she filed any paperwork with the U.S. government?

Nothing yet, she came her on a visa and is 2-3 years past its expiration

Lawyer's Assistant: Has she talked to a lawyer about the visa?

Yes they said without marriage she would have to go back to canada then she could ask for another visa but there would be a 3 year wait

Submitted: 4 months ago.Category: Immigration Law
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Answered in 5 minutes by:
3/21/2018
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,829
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Customer reply replied 4 months ago
Thanks Jen Marie :)
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

If a foreigner is in the US without legal status (past her visa stay), the only way to correct her status and get her a green card inside the US would be through marriage to a US citizen . There is no option for her friend to sponsor her unfortunately. Only a person legally married to her can sponsor her at this point inside the US.

If she has an employer willing to sponsor her green card, that takes about 1 year. She can do that, but she would need to go back to Canada and then wait 10 years there before she is allowed to return due to the fact that she has stayed in the US illegally over 1 year. There is a 10 year punishment for that once you leave the US. If she stays in the US, there's no punishment but the only way to get into legal status would be marriage to US citizen who petitions for her green card.

I know immigration issues like these sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with preparation or review of applications, I can send you an offer to exchange contact information so I may help you with these legal services for a reasonable fee in the future. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind for whenever you'd like.

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Customer reply replied 4 months ago
Jen Marie could her father who is a legal us resident sponsor her at this point?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

If she over 21 years old?

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

Legally, yes her father can petition her but unfortunately because she is over 21 years old, a petition from him would not allow her to get her green card here in the US. Once the petition is approved, she would have to go outside the US to get the green card and again she would be faced with the 10 year bar. The only way to do it in the US without leaving would be through marriage to a US citizen.

I hope this clarifies your doubts and I hope that you can kindly issue a positive rating.

Thanks in advance!

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 3 months ago
Hello again.. I see that you were able to view my answer a few days ago, but you did not ask any follow ups or leave me any feed back. Please let me know how else I can help and please kindly keep in mind that we experts do not receive a salary from this website. We only receive credit when you leave a good rating for us with the stars ★★★★★. Thank you for your consideration of our work and time here.
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