Mike Jones

My new family members do not have Soc Sec numbers so how do I identify
my dependants on my Income Tax return. Passport numbers?

I am an American Citizen, a Veteran, and after 4 frustrating months
trying to get a visa in Chile to visit the USA, as well as permission
to leave Chile we came into the US illegal .
A year ago in August.
No fraud just walked thru the desert with my 8months pregnant wife, a
seven year old girl and a ten yearold boy. The day after being
interrogated by the Mexican Federales for 7 hours.

Reading about the Brits Embassy experience is quite a revelation to me
after seeing the faces of all the family members, turned away in
Santiago, where it's similar to a $5K Lotto ticket that No One ever
wins a Visa. I swore I would pound on my Senator's desk over the theft
of application fees for tourist visas that will never be issued. But I
can't really raise a lot of hell while I'm harboring illegals myself.

We had planned to return to Chile, but my job in Chile went away and
now we have been here 16 months. We have had a new baby, I now have a
good job here, the kids are in school, Claudia has her driver's
license and is taking ESL classes at the Communuty college.

Just as I would not leave them behind in Chile when I came back, We
came without Visas, I also am sceptical of exposing my family to
possible deportation in todays world. So I need some risk assessment
about what's happening now.

I think we need to file the I-130and I-148. Is that correct?
How do we handle the fact that my spouse and the 2 children are here?

One of the things that I have finally learned is that we all stay
together, if they get sent back to Chile then I go too.

No-job - economic disaster for us as a family and for her folks and
neighbors who work on the farm we are building in Sur de Chile.

Rete

You cannot file for your family for residency in the US. They entered the country illegally, meaning they were not inspected at the border. Your only hope is if the Congress reinstates the 245(i) where uninspected illegal aliens can adjust status.

In lieu of ssn, you can apply for ITIN from IRS.

Rete

[email protected]

You have a problem that you should pursue with an immigration attorney.

This has nothing to do with the INS. If you can't get a SSN, you can
apply to IRS for a tax number.
Call them up and ask for the form, 1-800-829-1040. Or go to www.irs.gov
and download form w-7.

You have a bigger problem with INS.
There is no way for them to get legal status based on this illegal
entry.
A while ago, under LIFE Act, you could have done this by paying a fine
of $1000.
There is no such plan today although there was pending legislation.
I don't know if that is dead right now.

Good luck.

Mike Jones wrote:
    >
    > My new family members do not have Soc Sec numbers so how do I identify
    > my dependants on my Income Tax return. Passport numbers?
    >
    > I am an American Citizen, a Veteran, and after 4 frustrating months
    > trying to get a visa in Chile to visit the USA, as well as permission
    > to leave Chile we came into the US illegal .
    > A year ago in August.
    > No fraud just walked thru the desert with my 8months pregnant wife, a
    > seven year old girl and a ten yearold boy. The day after being
    > interrogated by the Mexican Federales for 7 hours.
    >
    > Reading about the Brits Embassy experience is quite a revelation to me
    > after seeing the faces of all the family members, turned away in
    > Santiago, where it's similar to a $5K Lotto ticket that No One ever
    > wins a Visa. I swore I would pound on my Senator's desk over the theft
    > of application fees for tourist visas that will never be issued. But I
    > can't really raise a lot of hell while I'm harboring illegals myself.
    >
    > We had planned to return to Chile, but my job in Chile went away and
    > now we have been here 16 months. We have had a new baby, I now have a
    > good job here, the kids are in school, Claudia has her driver's
    > license and is taking ESL classes at the Communuty college.
    >
    > Just as I would not leave them behind in Chile when I came back, We
    > came without Visas, I also am sceptical of exposing my family to
    > possible deportation in todays world. So I need some risk assessment
    > about what's happening now.
    >
    > I think we need to file the I-130and I-148. Is that correct?
    > How do we handle the fact that my spouse and the 2 children are here?
    >
    > One of the things that I have finally learned is that we all stay
    > together, if they get sent back to Chile then I go too.
    >
    > No-job - economic disaster for us as a family and for her folks and
    > neighbors who work on the farm we are building in Sur de Chile.

Mrs_blackross

my question though...if he is a USC, and the children are his natural born
children, then aren't they USC's through him, and if so, entitled to US
passports? If that is the case, then only the spouse is illegal because the
children, as USC's, would have a right to be here.

or did I miss something in his post?

"Rete" wrote in message
news:[email protected]...
    > You cannot file for your family for residency in the US. They entered
    > the country illegally, meaning they were not inspected at the border.
    > Your only hope is if the Congress reinstates the 245(i) where
    > uninspected illegal aliens can adjust status.
    > In lieu of ssn, you can apply for ITIN from IRS.
    > Rete
    > --
    > Posted via http://britishexpats.com

Mike Jones

My spouse and the 2 step-kids are Chileno, only the baby and I are USC

Mike


On Thu, 5 Dec 2002 19:49:00 -0500, "Mrs_Blackross" wrote:

    >my question though...if he is a USC, and the children are his natural born
    >children, then aren't they USC's through him, and if so, entitled to US
    >passports? If that is the case, then only the spouse is illegal because the
    >children, as USC's, would have a right to be here.
    >or did I miss something in his post?
    >"Rete" wrote in message
    >news:[email protected]...
    >> You cannot file for your family for residency in the US. They entered
    >> the country illegally, meaning they were not inspected at the border.
    >> Your only hope is if the Congress reinstates the 245(i) where
    >> uninspected illegal aliens can adjust status.
    >> In lieu of ssn, you can apply for ITIN from IRS.
    >> Rete
    >> --
    >> Posted via http://britishexpats.com

Rete

CC

His first sentence said "His new family members" This would lead me to think that the girl seven and the boy 10 are not his children. Nor does he identify them as son and daughter.

What I don't understand is why a USC who is a legal resident in a country aboard cannot use the services of the US Consulate for obtaining an immigration visa (I know in Canada you cannot but thought this was the only country in the world that doesn't allow it) and why they were only trying to get a visitor's visa and not an immigration visa.

Another curious item is that "Claudia" has a driver's license. We all know you can't get a driver's license without a social security card.

So on second reading of this post, it would appear on the surface when analyzed that perhaps this poster is not telling us everything.


Rete

Mike Jones

On Fri, 06 Dec 2002 01:42:10 +0000, Rete
wrote:

    >Originally posted by Mrs_blackross
    >> my question though...if he is a USC, and the children are his
    >> natural born
    >> children, then aren't they USC's through him, and if so,
    >> entitled to US
    >> passports? If that is the case, then only the spouse is illegal
    >> because the
    >> children, as USC's, would have a right to be here.
    >> or did I miss something in his post?
    >>
    >CC
    >His first sentence said "His new family members" This would lead me to
    >think that the girl seven and the boy 10 are not his children. Nor does
    >he identify them as son and daughter.
    >What I don't understand is why a USC who is a legal resident in a
    >country aboard cannot use the services of the US Consulate for obtaining
    >an immigration visa (I know in Canada you cannot but thought this was
    >the only country in the world that doesn't allow it) and why they were
    >only trying to get a visitor's visa and not an immigration visa.
    >Another curious item is that "Claudia" has a driver's license. We all
    >know you can't get a driver's license without a social security card.
    >So on second reading of this post, it would appear on the surface when
    >analyzed that perhaps this poster is a troll or not tell us everything.
    >Rete


I am no troll, but I do have a long story and I'm not sure whaqt is
relevant. There were also 10 months of trying to satisfy the processes
getting permission for the children and Claudia to leave Chile. A
process that included paying $150.00 to a Judge to have Claudia's
name removed from the list of people that aren't allowed to leave
Chile.

While Pinochet is now under house arrest and declared insane,
Claudia's Ex Husband is an Ex Pinochert Military Officer and now a
government official with a few connections. Not enough to stoip us
but enough to slow us way way down. He gave permission to leave for
the kids under legal threat for non-support.

We were turned away at the airport twice and had to return to get
Papa's permission slip reviewed and stamped in the same place for the
3rd time. Then rebook tickets to leave. In all , that paper had more
than 30 stamps on it when we finally were allowed out
I think that the problems were also related to the histeria created
around the kid from Cuba,

The Driver's license - What you believe to be true ,may not be true
everywhere.

In Wa, the issue was sufficient documentation. They wouldn't use her
passport because it didnt have a valid Visa but they were able to
validate her RUT ID Card-Chile and Driver's License from Chile"with a
book they use to id documents. One of the DMV folks translated the
Birth Certificate and they said that was enough. She was able to take
the written test in Spanish and the Drive Tester pointed to commands
written in English and Spanish.

Mike

Rete

Mike

You apparently didn't see that the troll comment was deleted from my response.

I fully admit to not understanding your situation. I don't know why you didn't apply to the US Consulate for an immigration visa for your wife and her children instead of going only for a visitor's visa instead. As the wife of a US Citizen, you did have the right to petition for their entrance into the US.

I'm also confused because you said that you walked them through a desert illegally to enter the US. If you took a flight out of Chile, then you took a flight to Mexico apparently and trekked into the US on foot. Did you try to get immigration visas for them at all?

There is nothing much you can do by filing for their change of status at the moment with INS. But I believe there are several options that might be available to you. For example, refugee status for the children and your wife because of their father's political position and his threat to their safety and well being. Or speak to your Congress person and have then introduce a special bill to allow them to adjust status.

For yourself and your family, the best approach is a damn good immigration attorney. I urge you to find one who specializes in this type of situation.

As for the WA DMV, it is strange to hear that she was given one on a trade off of her Chile license. Legal immigrations to this country, such as the posters here on this NG with valid visas, are denied driver's licenses daily. But as you noted, each State handles things differently. It is odd that so many driver's from first world nations, validly in the US cannot do what your wife so easily accomplished.

Get that lawyer and straighten out the immigration mess your wife and her children are in.

R

Mike Jones

On Fri, 06 Dec 2002 04:28:55 +0000, Rete
wrote:

    >Mike
    >You apparently didn't see that the troll comment was deleted from
    >my response.
    >I fully admit to not understanding your situation. I don't know why you
    >didn't apply to the US Consulate for an immigration visa for your wife
    >and her children instead of going only for a visitor's visa instead. As
    >the wife of a US Citizen, you did have the right to petition for their
    >entrance into the US.


At the time we applied for the tourist visa I was supposed to come
back to work in Chile. The Visa was denied without explanation as were
everyone else's. We were told she could not reapply for any type of
visa for 6 months. In other words we weren't planning to emigrate in
May of last year, just visit.
    >I'm also confused because you said that you walked them through a desert
    >illegally to enter the US. If you took a flight out of Chile, then you
    >took a flight to Mexico apparently and trekked into the US on foot. Did
    >you try to get immigration visas for them at all?

It is very hard to meet all the qualifying points for any Visa to get
into the USA. Claudia's marriage had to be annulled - no divorce in
Chile. We couldn't get married in Chile - One year waiting period
after annulment. So by the time the anullment was done there was no
time to do a Fiance visa. We also had to leave when the permissions
were complete for the kids to leave. They were too hard to get and too
easy to revoke.

We had also heard and seen a lot of positive news about easing
restrictions with Mexico- Nafta. Trade agreement with Chile - still
not signed. So with the information I could get in Chile I thought we
could straighten it all out when we got here,

A monthe later 9-11

As the economic situation worsened it became obvious that my old job
in Chile wqas finished , Luckily I have found work here.


    >There is nothing much you can do by filing for their change of status at
    >the moment with INS. But I believe there are several options that
    >might be available to you. For example, refugee status for the children
    >and your wife because of their father's political position and his
    >threat to their safety and well being. Or speak to your Congress person
    >and have then introduce a special bill to allow them to adjust status.


Sorry I used Papa, it was the Ex-spouse who I was talking about. He
was extremely abusive and I could only find special circumstance
catagories for refugea, Some central amrican countries if I remember.
    >For yourself and your family, the best approach is a damn good
    >immigration attorney. I urge you to find one who specializes in this
    >type of situation.
    >As for the WA DMV, it is strange to hear that she was given one on a
    >trade off of her Chile license.

They only acnowledged the Licsence as a form of ID. She had to take
the tests just like a first timer. Wa may have changed now due to 9-11

Legal immigrations to this country,
    >such as the posters here on this NG with valid visas, are denied
    >driver's licenses daily. But as you noted, each State handles things
    >differently. It is odd that so many driver's from first world nations,
    >validly in the US cannot do what your wife so easily accomplished.
    >Get that lawyer and straighten out the immigration mess your wife and
    >her children are in.
    >R

Rete

Sorry that you are in such a hard place. You can contact your congress person and see if they can assist. You can also keep a low profile and hope that a new amnesty or a renewal of Section 245(i) is enacted. Or you can smuggle out of the country and start the immgration process aboard. There isn't a hell of lot you can do to legalize them at this point in time.

Rete

Michael Voight

Mike Jones wrote:

    >
    > At the time we applied for the tourist visa I was supposed to come
    > back to work in Chile. The Visa was denied without explanation as were
    > everyone else's. We were told she could not reapply for any type of
    > visa for 6 months. In other words we weren't planning to emigrate in
    > May of last year, just visit.

I think I understand now.
You were going to visit, so your then fiance and her children applied
for tourist visas.
As is the case in many places, these are denied unless you can show
ample ties to your home country to return. This is due to the large
percentage of people from these countries that get tourist visas and
never return.

She was still married at the time. Was she still married to the other
person when you moved to the US?
I assume this because she wouldn't have had to wait 6 months for a
tourist visa. She wouldn't have to wait to apply as a spouse, but the
procedure itself might take the much time or longer to finish.
    >
    > Sorry I used Papa, it was the Ex-spouse who I was talking about. He
    > was extremely abusive and I could only find special circumstance
    > catagories for refugea, Some central amrican countries if I remember.

You can get refugees status from other countries, but you would have to
prove something more that being abused by an ex spouse. The way it
stands now, I don't think there is a chance of another LIFE Act being
passed soon, so you probably will have difficulty getting your wife and
stepchildren to stay legally. There might be a way to adopt the
children, and then adjust status for them, but I think you need an
attorney to give you advice here. Adopting a step child could make them
citizens IF they had legal status in the US, but they don't at present.
With your wife getting a driver's license, you also added something to
the paper trail. I have heard of people here illegally being able to
leave and return on an immigration visa because they were not officially
here. That is, there was no record of them here.

Michael Voight

Rete wrote:
    >
    > Sorry that you are in such a hard place. You can contact your congress
    > person and see if they can assist. You can also keep a low profile and
    > hope that a new amnesty or a renewal of Section 245(i) is enacted. Or
    > you can smuggle out of the country and start the immgration process
    > aboard.

Unfortunately, the smuggling out of the country works best if there is
no documented evidence of them being here. His wife has a state driver's
license and has attended school, so there are records of this presence.

Mike Jones

On Sat, 07 Dec 2002 23:10:23 GMT, Michael Voight
wrote:



    >Mike Jones wrote:
    >>
    >> At the time we applied for the tourist visa I was supposed to come
    >> back to work in Chile. The Visa was denied without explanation as were
    >> everyone else's. We were told she could not reapply for any type of
    >> visa for 6 months. In other words we weren't planning to emigrate in
    >> May of last year, just visit.
    >I think I understand now.
    >You were going to visit, so your then fiance and her children applied
    >for tourist visas.
    >As is the case in many places, these are denied unless you can show
    >ample ties to your home country to return. This is due to the large
    >percentage of people from these countries that get tourist visas and
    >never return.
We had just purchased a farm , built a road into it, leveled building
sites for house and barns, and built 2 small warehouse/cabins,
employing 4 people for about 4 months, Claudia kept every reciept from
a box of nails to the $6K backhoe and excavator rental. She went to
her interview armed with this ledger with $20K of reciepts and was not
even allowed to show it. She was at the counter less than 2 minutes
and was told that she was only there as a formality to be informed
that her visa was denied. Why would we spend all that money if we
didn't intend to return? We still do intend to return, and we would
have if we were legal.


My personal opinion is that you don't get a visa from the Embassy in
Santiago unless you are in the social circle of the Elite. My
apartment in Santiago was 2 blocks from the Embassy and the building
was full of the worst kind of Elitist American cilvil servants, most
of whom never traveled more than 10 blocks away from the Embassy.



    >She was still married at the time. Was she still married to the other
    >person when you moved to the US?

The annulment was finished in June, but Chile requires a one year
waiting period after the annulment date, so we had to wait until we
got to the US to get married.

    >I assume this because she wouldn't have had to wait 6 months for a
    >tourist visa. She wouldn't have to wait to apply as a spouse, but the
    >procedure itself might take the much time or longer to finish.

Actually she was told that she could not make any application for a
Visa for 6 months. I think that I saw that on the US Embassy Website
in Chile.
    >>
    >> Sorry I used Papa, it was the Ex-spouse who I was talking about. He
    >> was extremely abusive and I could only find special circumstance
    >> catagories for refugea, Some central amrican countries if I remember.
    >You can get refugees status from other countries, but you would have to
    >prove something more that being abused by an ex spouse. The way it
    >stands now, I don't think there is a chance of another LIFE Act being
    >passed soon, so you probably will have difficulty getting your wife and
    >stepchildren to stay legally. There might be a way to adopt the
    >children, and then adjust status for them, but I think you need an
    >attorney to give you advice here. Adopting a step child could make them
    >citizens IF they had legal status in the US, but they don't at present.
    >With your wife getting a driver's license, you also added something to
    >the paper trail. I have heard of people here illegally being able to
    >leave and return on an immigration visa because they were not officially
    >here. That is, there was no record of them here.

Mrtravel

Mike Jones wrote:
    >
    > On Sat, 07 Dec 2002 23:10:23 GMT, Michael Voight
    > wrote:
    >
    > >Mike Jones wrote:
    > >
    > >>
    > >> At the time we applied for the tourist visa I was supposed to come
    > >> back to work in Chile. The Visa was denied without explanation as were
    > >> everyone else's. We were told she could not reapply for any type of
    > >> visa for 6 months. In other words we weren't planning to emigrate in
    > >> May of last year, just visit.
    > >
    > >I think I understand now.
    > >You were going to visit, so your then fiance and her children applied
    > >for tourist visas.
    > >As is the case in many places, these are denied unless you can show
    > >ample ties to your home country to return. This is due to the large
    > >percentage of people from these countries that get tourist visas and
    > >never return.
    > >
    > We had just purchased a farm , built a road into it, leveled building
    > sites for house and barns, and built 2 small warehouse/cabins,
    > employing 4 people for about 4 months, Claudia kept every reciept from
    > a box of nails to the $6K backhoe and excavator rental. She went to
    > her interview armed with this ledger with $20K of reciepts and was not
    > even allowed to show it. She was at the counter less than 2 minutes
    > and was told that she was only there as a formality to be informed
    > that her visa was denied. Why would we spend all that money if we
    > didn't intend to return? We still do intend to return, and we would
    > have if we were legal.

Are you saying you can't legally go back?
When I indicated your wife's need to prove to the cosulate that she
would return, I meant not eventually, but without living and sturdying
in the US. Are you saying you came across the desert just to visit for a
period of less than the 6 months you would have gotten from a tourist
visa?

Are you saying but can't legally return to Chile? I don't understand.
Her illegal status in the US doesn't prevent her from leaving.