Barbara

My fiancee filed for a divorce in England just before he entered the country
legally from there with a 3 month visa 2 1/2 years ago. After the 3 months, he
left and then came back again. Just before his visa ran out the second time I
had been injured and was going through some terrible problems and was going to
end up on the street with 3 children. He refused to leave me to deal with it
all alone, so he stayed until he knew I was safe.

Just as he was going to go back .. 9/11 happened, and then he couldnt leave for
a while. When it was once again safe for him to go back, we found out I was
pregnant with our daughter. She was born almost a year ago, and he is still
here. His divorce JUST became final a few days ago, and we are FINALLY going to
be able to get married now. This has been a scary time for us not knowing if he
was going to be found out and sent back.

My question, is once we are married, how do I go about telling the INS he is
here so we can make him a legal resident (or resident alien or whatever the
term is) and how do I do it without them deporting him? All we want is for him
to be here LEGALLY so we can live without fear, and to be able to work and help
to support our household. I have been to website after website, and no one
addresses such a situation.

Can anyone help ??

Please respond via e mail ..
Thanks
[email protected]

[email protected]

[email protected] (Barbara) wrote in message news:...
    > My fiancee filed for a divorce in England just before he entered the country
    > legally from there with a 3 month visa 2 1/2 years ago. After the 3 months, he
    > left and then came back again. Just before his visa ran out the second time I
    > had been injured and was going through some terrible problems and was going to
    > end up on the street with 3 children. He refused to leave me to deal with it
    > all alone, so he stayed until he knew I was safe.
    >
    > Just as he was going to go back .. 9/11 happened, and then he couldnt leave for
    > a while. When it was once again safe for him to go back, we found out I was
    > pregnant with our daughter. She was born almost a year ago, and he is still
    > here. His divorce JUST became final a few days ago, and we are FINALLY going to
    > be able to get married now. This has been a scary time for us not knowing if he
    > was going to be found out and sent back.
    >
    > My question, is once we are married, how do I go about telling the INS he is
    > here so we can make him a legal resident (or resident alien or whatever the
    > term is) and how do I do it without them deporting him? All we want is for him
    > to be here LEGALLY so we can live without fear, and to be able to work and help
    > to support our household. I have been to website after website, and no one
    > addresses such a situation.
    >
    > Can anyone help ??
    >
    > Please respond via e mail ..
    > Thanks
    > [email protected]








Hi there,
THis is no question because the answer is just easy. all you need to
do is to file for AOS(adjustment of status) with the immigration
depending on which state you leave in it can be approved with a couple
of weeks to a couple of months. Also make sure you apply for work
authorization in addition to the AOS.
If you are a US citizen he shouldn't have any problem being approved
of work authorization or The AOS.
his visa overstay will not affect INS descision to approve your
application. You might need affidavit of support which might your tax
returns for 2002.
if you dont meet the income rqmt for your household INS acceots a co
sponsor.
there is nothing tricky or difficult i was once in this situation and
the orocess is just straight forward and easy. You and your spouse
will be scheduule for interview where they will establish that your
marriage is on genuine intension they might need document and several
olther questions to establish this. HAving had a child with this man
is enough to tell the BCIS this is a legimate marriage based on true
and genuine intention and not for immigratioon benefits. let me know
if you further need help in this situation.
if you dont have the time to file the papers and for fear of errors
which might cost more than attorney fee, just hire an attorney to take
you throughthe process.
take care and good luck!!!!!!!!!!!!!!!!

Barbara

youre kidding ?? an AOS ?? its THAT easy ?? No worries of deportation? No major
problems ?? no worries because of his overstay ??

That seems just too good to be true LOL

Im LOVING your answer, but I just dont see how it can be that easy.

Im in NY by the way ...

huggggggggggggggs
Barbara

Mrtravel

Barbara wrote:
    > youre kidding ?? an AOS ?? its THAT easy ?? No worries of deportation? No major
    > problems ?? no worries because of his overstay ??
    >
    > That seems just too good to be true LOL
    >
    > Im LOVING your answer, but I just dont see how it can be that easy.
    >
    > Im in NY by the way ...
    >
    > huggggggggggggggs
    > Barbara

It might not be that easy. and it definitely isn't a sure thing.

Alex

Barbara wrote:
    > youre kidding ?? an AOS ?? its THAT easy ?? No worries of deportation? No major
    > problems ?? no worries because of his overstay ??
    >
    > That seems just too good to be true LOL
    >
    > Im LOVING your answer, but I just dont see how it can be that easy.

I was married and in the US for 2 1/2 yrs (from Canada) before applying
for AOS - approved a year later - and we had some very unusual
circumstances. Ours was done in Montana.

Just don't apply for the advanced parole. He should not leave the
country for any reason until he has been approved.

It can be that easy - but I would still heed mrtravel's words.

Alex

John Doe

Each case is different. In my case, I was arrested and placed in
removal proceedings ("deportation") after I had filed my AOS. I have
been in the USA continuously for over 16 years, managed to acquire 3
college degrees during that time, and secure a job paying over $100K a
year.

My only "crime" is that I overstayed my visa by 3 years and I was
working unauthorized for the last 3 years.

I too thought that overstaying and unauthorized employment is
generally forgiven when one adjusts based on marriage to a US citizen.
And that my AOS should go through without a hitch.

To quote an attorney...."I can't give you a good answer about "why"
you were arrested. Sometimes it seems like the BCIS does it simply
because it can. If they know you have a marriage based I-130/I-485
pending, why bother to detain you when it is likely your case will be
approved? They can always detain you later if your application for
resident status is denied. These kinds of arrests seem to be
increasing."

The moral to my story is that be prepared for anything. It maybe that
your AOS will go without a hitch.

It makes me mad when I hear about individuals with no education, who
barely can speak the English language, and earn very little income to
support themselves and their families, get their green card without a
hitch. Whereas college educated, professional who can contribute to
society are turned away. Sure I can fight these removal proceedings,
but its going to cost me time, money, energy, and stress. Especially
when my wife is expecting our first baby the same time as I am appear
before the immigration judge.




Alex wrote in message news:...
    > Barbara wrote:
    > > youre kidding ?? an AOS ?? its THAT easy ?? No worries of deportation? No major
    > > problems ?? no worries because of his overstay ??
    > >
    > > That seems just too good to be true LOL
    > >
    > > Im LOVING your answer, but I just dont see how it can be that easy.
    >
    > I was married and in the US for 2 1/2 yrs (from Canada) before applying
    > for AOS - approved a year later - and we had some very unusual
    > circumstances. Ours was done in Montana.
    >
    > Just don't apply for the advanced parole. He should not leave the
    > country for any reason until he has been approved.
    >
    > It can be that easy - but I would still heed mrtravel's words.
    >
    > Alex

Patrick

My situation is very similar to yours Barbara and I got no answer here when
I posted, glad you got a n answer. My only concern for your situation is
that he "never left the country" since he arrived here. If he has left and
return you will not be able to adjust status at all (as far as I know), the
reason being that if he left and returned he has entered the country
illegally (if you are out of status and leave the country, there is an
automatic ban, there is no amnesty for this). Entering the country illegally
is not forgivable by INS.
If he has been here continously for last few years and entered legally he
should be able to adjust status BUT I am not sure how definate that is,
intent to marry is also a concern here, if INS think that the original
intent was to come and stay they also view this as vias fraud and will deny
AOS.
Hope this clears it up a little, wish someone with more experience could
shed more light on this.
Patrick
"Barbara" wrote in message
news:[email protected]...
    > My fiancee filed for a divorce in England just before he entered the
country
    > legally from there with a 3 month visa 2 1/2 years ago. After the 3
months, he
    > left and then came back again. Just before his visa ran out the second
time I
    > had been injured and was going through some terrible problems and was
going to
    > end up on the street with 3 children. He refused to leave me to deal with
it
    > all alone, so he stayed until he knew I was safe.
    > Just as he was going to go back .. 9/11 happened, and then he couldnt
leave for
    > a while. When it was once again safe for him to go back, we found out I
was
    > pregnant with our daughter. She was born almost a year ago, and he is
still
    > here. His divorce JUST became final a few days ago, and we are FINALLY
going to
    > be able to get married now. This has been a scary time for us not knowing
if he
    > was going to be found out and sent back.
    > My question, is once we are married, how do I go about telling the INS he
is
    > here so we can make him a legal resident (or resident alien or whatever
the
    > term is) and how do I do it without them deporting him? All we want is for
him
    > to be here LEGALLY so we can live without fear, and to be able to work and
help
    > to support our household. I have been to website after website, and no one
    > addresses such a situation.
    > Can anyone help ??
    > Please respond via e mail ..
    > Thanks
    > [email protected]

Mrtravel

John Doe wrote:
    > Each case is different. In my case, I was arrested and placed in
    > removal proceedings ("deportation") after I had filed my AOS. I have
    > been in the USA continuously for over 16 years, managed to acquire 3
    > college degrees during that time, and secure a job paying over $100K a
    > year.
    >
    > My only "crime" is that I overstayed my visa by 3 years and I was
    > working unauthorized for the last 3 years.

Was fraud committed in the course of working? Fake SSN or other fake
documents to gain employment??? Did you sign an I-9 indicating you were
legally permitted to work in the US? This is not the same as working
unauthorized.

Mrtravel

John Doe wrote:

    >
    > It makes me mad when I hear about individuals with no education, who
    > barely can speak the English language, and earn very little income to
    > support themselves and their families, get their green card without a
    > hitch. Whereas college educated, professional who can contribute to
    > society are turned away.

Why should we not turn away these "college educated, professionals" who
have been working here illegally. With your attitude, I hope you get
booted.

Rete

Barbara

There are no guarantees when dealing with the BCIS. Normally, if your husband entered legally, he can stay and adjust status without a problem. Any ban that he would incur because of his overstay would be applied only if he were to leave the US, even with BCIS approved advance parole, before becoming a permanent resident.

Yes, some people such as John Doe say they have been deported because of overstay and fraudulent acts committed while here illegally. That is, of course, the legal right of BCIS to do that. They are lenient with spouses of US citizens and although I don't know the stats, it would appear that only 1 in a 100 have any problem.

My suggestion is to hire yourself a good immigration attorney to see you through the filing and the interview. It would be money well spent in my opinion although it can be a do-it-yourselfer. You live in NY (not sure where in NY and we do have three BCIS offices here) so not sure which office you would have to use. You can read about adjustment from a tourist visa at this website:

Helpsite at:
http://www.mindspring.com/~docsteen/...o/visainfo.htm


Rete

John Doe

    >mrtravel wrote in message:
    >Was fraud committed in the course of working? Fake SSN or other fake
    >documents to gain employment??? Did you sign an I-9 indicating you
    >were legally permitted to work in the US? This is not the same as
    >working unauthorized.

Been the asshole you are mrtravel, I am at no liberty to answer your
question, but for the sake of completeness, I will.

The Immigration officer did interrogate me about my unauthorized
employment and what documents I produced to secure my current
employment. I showed him my valid SS card (which does NOT have the
legend "not valid for employment") and a picture ID. The SS card and a
picture ID together satisfy the EMPLOYER requirments of verifying
employment eligibility. So, technically, I wasn't working illegally
from the EMPLOYER perspective, HOWEVER, I did violate the terms of the
visa for which I was orginally admitted under (H1B) which has long
since expired so in that sense I was working "unauthorized"

mrtravel wrote in message
    >
    > Why should we not turn away these "college educated, professionals" who
    > have been working here illegally. With your attitude, I hope you get
    > booted.

Having seen some of your obnoxous postings on rec.travel and these
immigrations newsgroups, I came to the conclusion that you are
probably some 400+ lbs imbecile coward hiding behind a PC getting his
jollies by posting abrasive and totally useless comments on topics
that you know nothing about. So your opinions mean squat to me, and
you can stick it where the sun don't shine.

Mrtravel

John Doe wrote:
    >>mrtravel wrote in message:
    >>Was fraud committed in the course of working? Fake SSN or other fake
    >>documents to gain employment??? Did you sign an I-9 indicating you
    >>were legally permitted to work in the US? This is not the same as
    >>working unauthorized.
    >
    >
    > Been the asshole you are mrtravel, I am at no liberty to answer your
    > question, but for the sake of completeness, I will.

I'm an asshole, but you think illegal aliens that happen to have college
degrees and high paying jobs are more deserving than legal aliens that
have lower paying jobs and educational levels.

lairdside

I agree with Mr Travel on this one.

You have legally acquired employment documents - but it would appear that you either signed an I-9 stating that you are authorized for employment in the US when you are not. Or claimed falsely to be a USC. Both of which the BCIS takes seriously - especially the latter. Or did your H1-B simply expire and you failed to notify your employer ?

I am wary of giving my own experiences as examples to others without giving all the relevant details. It may mislead them into being either overly or underly optomistic about their situation.

robclews

It's a shame that when someone reads something they don't want to see that they react in such an insulting and arrogant way.

We need more people like Mr Travel on this forum, people who shoot from the hip can often offend, but then, the truth often hurts. His contributions are often blunt and to the point, so what, i guess he hit an 'open wound' with you.

Rob

jeffreyhy

John Doe,

What makes you think that the people you complain about cannot contribute to society?

From the tone of your post I suspect that you are contributing less to society than you think you are, and less than many of the people you complain about.

JEff