No Joint Bank Account?
#31
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You are so right! I was an idiot for doing that. I should have been confident in my own research. Point taken. Lesson learned.
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#32
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I have not seen the legislative record on this but I would venture to say that the intent of that law was aimed at organized crime NOT a genuinely married couple and it clearly conflicts with the laws allowing you to sponsor an out of status spouse. Given the clear conflicts with other laws AND the fact there are few if any married couples ever prosecuted under that statute, leads me to believe that prosecuting legitimate couple was never the intent of that law.
Much of the way in Congressional intent can be ascertained from the removal end of the immigration shop. There used to be a "for gain" requirement there. See Landon v Plascencia. The "for gain" language was what glommed onto for purposes of defense. So Congress repealed the "for gain" language. So smuggling of family members was now on the chopping block [I've defended many of these, so I speak from experience]. This was ridiculous so the law was allowed to not apply to smuggling ones own spouse or children. [If you smuggled parents, tough luck]. Then the case law allowed for the smuggler to marry the smugglee after coming to the US. So the law was amended to apply the exception only to those actually married at the time of the smuggling act.
The criminal end of things has always had a broad reach. But the narrower immigration grounds indicates what is "intended."
There is a little beastie called "prosecutorial discretion" -- the prosecutors do NOT and never have gone after all possible criminals. [Note the lack of strict observance of speed limits on the highways].
However, just because it is not now done, it does not mean that some prosecutor can do it for the first time.
Again, congratulations. Do remember that your husband can apply for naturalization in three years [minus 90 days].
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#35
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Well... what else is there to say?
It's nice that things worked out for you. Others under similar circumstances haven't been so lucky. The long-term members of this forum have seen a lot of shit over the years so our comments are tempered by the experiences we've seen. You've been here for... what - five months? Some of us have been following these forums for over 15 years... we're in it for the long haul. You're just a puff of smoke and then you're gone!
I, for one - as sure as shit - am not going to alter my approach just because you take offense at the comments you received.
Ian
It's nice that things worked out for you. Others under similar circumstances haven't been so lucky. The long-term members of this forum have seen a lot of shit over the years so our comments are tempered by the experiences we've seen. You've been here for... what - five months? Some of us have been following these forums for over 15 years... we're in it for the long haul. You're just a puff of smoke and then you're gone!
I, for one - as sure as shit - am not going to alter my approach just because you take offense at the comments you received.
Ian
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#36
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And you have completely missed my point....you completely missed the lesson I learned here....which is to take with a grain of salt advice from people such as yourself...unless you are educated, credentialed and experienced in immigration law.
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#37
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The OP has made his point in two threads now.
Thread closed.
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