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Military filing for spouse

Military filing for spouse

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Old May 6th 2005, 12:01 pm
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Default Military filing for spouse

Can military personnel file for their spouse if they are stationed overseas?

A friend of mine, who is from Columbia, married a marine. He is currently overseas. She was illegally brought here by her parents at age 2 (No visa). Now she is in college while her husband is overseas but has no way to get her green card. Attorneys she has talked to pretty much said she is out of luck.

Thanks,
jg
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Old May 6th 2005, 12:18 pm
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Default Re: Military filing for spouse

Originally Posted by jg1012002
Can military personnel file for their spouse if they are stationed overseas?
File for what?

Ian
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Old May 6th 2005, 1:11 pm
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Default Re: Military filing for spouse

Originally Posted by jg1012002
Can military personnel file for their spouse if they are stationed overseas?

A friend of mine, who is from Columbia, married a marine. He is currently overseas. She was illegally brought here by her parents at age 2 (No visa). Now she is in college while her husband is overseas but has no way to get her green card. Attorneys she has talked to pretty much said she is out of luck.

Thanks,
jg

Yes he could have if she had entered the country legally (with inspection). As she has already seen immigration attorneys regarding this I'm assuming that no one had filed an I-485 for her during the period in which illegal immigrants were given an opportunity to become legal. This opportunity expired in April, 2001 when Section 245(i) ended. There were additional criteria involved with that approach to legalization but I just wanted to give a brief overview of one of the criteria.

They will have to hope that at sometime in the future Congress passes a bill that will allow illegals, such as your friend's wife, who entered the country without inspection or visa, to become legal residents.

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Old May 6th 2005, 3:19 pm
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Default Re: Military filing for spouse

Originally Posted by Rete
Yes he could have if she had entered the country legally (with inspection). As she has already seen immigration attorneys regarding this I'm assuming that no one had filed an I-485 for her during the period in which illegal immigrants were given an opportunity to become legal. This opportunity expired in April, 2001 when Section 245(i) ended. There were additional criteria involved with that approach to legalization but I just wanted to give a brief overview of one of the criteria.

They will have to hope that at sometime in the future Congress passes a bill that will allow illegals, such as your friend's wife, who entered the country without inspection or visa, to become legal residents.

Rete
As an attorney has been consulted no doubt they would have also explored the waiver option, but that would require her to return to her home country.
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Old May 6th 2005, 3:30 pm
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Default Re: Military filing for spouse

Originally Posted by Boiler
As an attorney has been consulted no doubt they would have also explored the waiver option, but that would require her to return to her home country.

Yes and I doubt that they consider that an option worth taking.
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