Facing deportation
#1
Just Joined
Thread Starter
Joined: Apr 2007
Posts: 16
Facing deportation
Hi,
I was referred here by visajourney.com, and though I would post our dire situation here and ask for help also.
I wished that I was even remotely responsible many months ago. My wife and I have been married since 2003 (I've been a naturalized citizen for the last 20+ years), and she was on a conditional PR (and have been in the country for the last 4 years.)
Unfortunately, we are 6 months late in filing the I-751, and am faced with what seems like a huge emergency.
Here are the most worrisome facts that we're faced with:
* Her conditional PR card has been expired for 6 months
* We've never made her a SS#
* No shared financial statements (partly due to lack of #SS, also because I was paying for most everything) except shared address
* Haven't had a wedding ceremony
* Tax returns have not been filed for the last 3 years
Now what we do have:
* Shared address for the last 3-4 years (Her checking/saving account and mine are to the same address)
* We have paid for each other's expenses each other's debit cards
* Have trustworthy colleagues & clients who can sign affidavits
* Have plenty of photographs, videos, and other personal items
* Have hired a CPA to help us file the tax returns, which will be filed jointly asap
We're just deathly afraid that we have become a case in what NOT to do in a marriage-base visa, and have made too many mistakes. Of course we'd love a second chance to get her a SS# and get everything in a joint status, as we're thinking of buying a house later this year, but if she enters the removal process it will all be moot.
What are our chances? Should we hire an immigration lawyer? How realistic is to get a one year extension to get things in order even with a lawyer's help?
I almost wish they came by at odd hours to check on us (I've heard stories of immigration officers coming by at odd hours) or even a surveillance camera at this point to prove our marriage...
Would most welcome any advise or comments -- thank you so much....
I was referred here by visajourney.com, and though I would post our dire situation here and ask for help also.
I wished that I was even remotely responsible many months ago. My wife and I have been married since 2003 (I've been a naturalized citizen for the last 20+ years), and she was on a conditional PR (and have been in the country for the last 4 years.)
Unfortunately, we are 6 months late in filing the I-751, and am faced with what seems like a huge emergency.
Here are the most worrisome facts that we're faced with:
* Her conditional PR card has been expired for 6 months
* We've never made her a SS#
* No shared financial statements (partly due to lack of #SS, also because I was paying for most everything) except shared address
* Haven't had a wedding ceremony
* Tax returns have not been filed for the last 3 years
Now what we do have:
* Shared address for the last 3-4 years (Her checking/saving account and mine are to the same address)
* We have paid for each other's expenses each other's debit cards
* Have trustworthy colleagues & clients who can sign affidavits
* Have plenty of photographs, videos, and other personal items
* Have hired a CPA to help us file the tax returns, which will be filed jointly asap
We're just deathly afraid that we have become a case in what NOT to do in a marriage-base visa, and have made too many mistakes. Of course we'd love a second chance to get her a SS# and get everything in a joint status, as we're thinking of buying a house later this year, but if she enters the removal process it will all be moot.
What are our chances? Should we hire an immigration lawyer? How realistic is to get a one year extension to get things in order even with a lawyer's help?
I almost wish they came by at odd hours to check on us (I've heard stories of immigration officers coming by at odd hours) or even a surveillance camera at this point to prove our marriage...
Would most welcome any advise or comments -- thank you so much....
#4
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,181
#5
Account Closed
Joined: Mar 2004
Posts: 2
Re: Facing deportation
How realistic is to get a one year extension to get things in order even with a lawyer's help?
I would expect that a lawyer would tell you to file again, start from scatch, the sooner the better. That way you at least get her back in status.
#6
Just Joined
Thread Starter
Joined: Apr 2007
Posts: 16
Re: Facing deportation
Is it actually possible to start from scratch? If so, I would assume that she has to leave the country, and if so, would that mean a certain # years ban on re-entering US?
#7
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,181
Re: Facing deportation
I suspect you may well be right. Let's hope they've kept copies of all the stuff they previously filed. They do seem terribly disorganised. You'd think the wife, seeing she wasn't working, would have had time to keep on top of this simple process...
#9
Account Closed
Joined: Mar 2004
Posts: 2
Re: Facing deportation
Assuming she entered legally she can still adjust in the US, being out of status is forgiven when adjusting through marriage to a USC.
#11
Just Joined
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Joined: Apr 2007
Posts: 16
Re: Facing deportation
Whew -- the last thing we want to do is for her to be out of the country and can't return.
Glad to know that she can adjust her status while being in US, given legal and other help!
We can handle starting the process from scratch - just could not fathom us uprooting and having to start our lives all over again elsewhere.
We came to US together and through 100% legal status, and have not had any problems since then. Like another poster said, after all the hard work and the pain of going through the process, we let the simplest thing go unchecked.
Glad to know that she can adjust her status while being in US, given legal and other help!
We can handle starting the process from scratch - just could not fathom us uprooting and having to start our lives all over again elsewhere.
We came to US together and through 100% legal status, and have not had any problems since then. Like another poster said, after all the hard work and the pain of going through the process, we let the simplest thing go unchecked.
#12
Just Joined
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Joined: Apr 2007
Posts: 16
Re: Facing deportation
#13
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,181
Re: Facing deportation
Make sure you get a quote.
#14
Just Joined
Thread Starter
Joined: Apr 2007
Posts: 16
Re: Facing deportation
I will also look for the school / years of experience -- and look in the surrounding area. Like finding a good physician, it all seems very difficult to get a good gauge on which firm to trust.
#15
Just Joined
Thread Starter
Joined: Apr 2007
Posts: 16
Re: Facing deportation
We've gone through the steps before this w/o much of an issue - this simple, simple step has just not been kept on top of.
As much of a screw-up I have been on this, we do have all the paperwork as backups, including her original status, financial documentations, etc. to get her the conditional GC in the first place.
If she can stay in the US while we restart the process, that's a thousand times better than her being deported and me picking up everything and leaving US as well.
Last edited by newyork37; Apr 7th 2007 at 4:34 pm.