Legal Question in Immigration Law in New York

Hi! I have a few questions about immigration. My girlfriend is from Jamaica and she has overstayed her B2 visitors visa and she has been out of status since 2004 and she's been working here illegally also. We met over the phone in January 2011 and physically met in May of 2011. I was wondering if we get married what are the chances of her being able to adjust her status so she can remain in the country and what is the name of all the forms that's in the adjustment status package that I will have to file? I know that since she came here legally(with inspection) immigration agents will allow her to adjust her status without leaving the U.S. but what are the chances that immigration agents will deny her a green card and for what reasons? What are good documents to take to the green card interview to show that our marriage is real?

Asked on 7/15/11, 5:47 am

5 Answers from Attorneys


You are right. Yes, your girlfriend can adjust her status without leaving the U.S. In all immigration matters through marriage, what the immigration agent looks for at the time of the interview is wheather the marriage is based on real love and not just for Green Card. You, therefore, have to proof to the officer that you two are committed to the marriage. At the interview, the officer will look at joint documents like bank accounts, life insurance, joint utility bills, family photos, apartment lease in both names, joint property ownership, children throught the marriage and any other document that can show that you two are committed to your marriage. There will also be questions about the marriage and other information that will convince the officer that your marriage is real and not just for the Green Card. As to the forms in question, go to USCIS.GOV website and download the following forms: I-130; I-485; I-765; I-864; and G325A. Make sure you read the instructions very well and note all the documents that must go with it. The total immigration fees is $1,490.00. Make sure you buy money order and make it payable to: The United States Department of Homeland Security. Though the step-by-step instructions can help you prepare the package, it can be overwhelming if you don't know what you are doing. Should you need more help along the way and you decide to engage the services of an immigration attorney, you may contact my law office at 347-885-2363, or email me at [email protected] Good Luck.

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Answered on 7/15/11, 6:22 am
Nicklaus Misiti Misiti Global, PLLC.

You can apply for your wife and should be successful assuming everything is prepared properly. I would highly recommend you work with an immigration attorney. For a free consultation you may contact my office at 212 537 4407 or fill out the form on my website

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Answered on 7/15/11, 6:41 am
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.


Upon marriage, your wife will be able to adjust status in the U.S. without departing the U.S.

The USCIS will not deny the case on the basis that your wife (when you are married) overstayed her B2 visa status.

We have additional information here:

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 7/15/11, 6:42 am
Latangie Williams Law Office of Latangie Williams, P.A.

Your girlfriend must be a wonderful woman as she shares the same heritage as myself! She will be able to adjust status under most circumstances; however, she has worked illegally without a work permit and your may have to apply for a waiver. Please contact my office at 904-576-2581 or email me at [email protected] for a free consultation.

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Answered on 7/15/11, 7:53 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Yes - and as I taught my former Associate Nick Misiti above when he worked in my law office and now he has his own little law practice, you must file an I-130, I-485, I-131, I-864, I-693, and the G-325A Biographical Data forms. You will need copies of your passport, entry documents such as I-94, 5 years of biographical data history, a few years of recent tax returns for your US Citizen spouse, degrees, resumes, marriage certificate copies, and scores of other documents and information. Give me a call at (212) 968-8600 and we will discuss. As always the first initial telephonic consultation is free of charge. Regards, RDM

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Answered on 7/15/11, 9:50 pm

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