I am a Italian Citizen. I came to US using my italian passport , for vacation with family here in the U.S. Therefore I was accepted legally into the country on Visa Waiver program from italy. I have since been in the U.S 5 years this June.I met the love of my life and we are engaaged.She is American citizen. We want to marry this summer on an island but am afraid to travel because unsure of my status. I want to know how can we apply for green card once married? How long will it take? Will I be able to get one? How much will it cost? We want to start to plan our wedding in the islands but cannot until we get this all squared away/...Please help> Thanks! Is it an easy process? Will I be able to travel for our wedding in August?
You will not be able to leave the US in August. You will not be able to leave the US without incurring a 10 year bar.
If you and your fiance want to get married, it is possible but you will need a waiver that will waive the 10 year bar.
You need to speak to an immigration attorney ASAP.
Good luck!
Ok - your current status is likely overstay because the visa waiver only ally's to 90 days and you have been here longer. Thus you are subject to the 10 year Bar. However, marriage to a US citizen will cure that issue because you will be an immediate relative. Once married you can apply thru USCIS here, or if you marry over seas thru that US embassy. Traveling abroad and then coming back in is always tricky. You should talk to an immigration attorney. Both to research if you are inadmissible for some reason and to prepare your marriage application.
Leaving the U.S. to get married is not a good idea, as you will likely not be permitted to come back to the U.S., since it appears that you have been unlawfully present for at least one year, which will trigger a ten-year bar from returning to the U.S., if you leave. You may be eligible to obtain a green card based on marriage to a U.S. citizen, but there are many factors to be considered. Consult with an immigration attorney and do not leave the U.S. until you do.
Since you have been in the United States out of status for over a year, if you leave the United States you will incur a 10 year bar. This means you will not be able to reenter the United States for 10 years, so you should definitely not leave the United States. If your wife is a United States citizen, you should get married in the United States, and she can sponsor you for a green card once you are married. You should definitely talk to an immigration attorney ASAP so they can help you file your papers correctly. Good luck!
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Salve, buongiorno!
With your kind of immigration violation history you must not leave the USA, until you have a "green card" in your hand. For if you depart now, to the "islands" (if those are outside the USA) or wherever else outside the USA, with your departure you will be 'triggering" the 10 year inadmissibility bar, the result of you having accumulated "unlawful presence" of more than 1 year since admitted under visa Waiver program almost 5 years ago now.
Your case is doable and you should be able to marry and obtain a green card in the USA, but must be carefully planned and executed, with the help of an experienced immigration lawyer. You otherwise risk being caught and deported & ruining any future you might have in the USA.
If you marry in the US, you can then attempt to adjust your status here and become permanent resident. You should not leave the US while this is pending unless you get prior permission.
You should meet and discuss your situation with an immigration attorney asap. Right now it sounds like you are out of status and have overstayed your visa. By overstaying your visa you would most likely be subject to bars upon you reentry so you DO NOT want to leave the US now. You may however be able to adjust your status to that of a green card holder and once you have that (or advanced parole based on that) you should be able to travel. I would highly recommend speaking with an Immigration Attorney so they can help you through the process and help you file the best applications that you can.
As you can see from the answers of my colleagues (some of which actually contradict each other), this is a complex case that requires the attention of an experienced immigration attorney. Do not make plans to leave the U.S. until you sit down with that attorney and evaluate your options.
