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Desperately need advice (and spell checker:)

Desperately need advice (and spell checker:)

Old Dec 11th 2007, 1:57 am
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Default Desperately need advice (and spell checker:)

Hi,
hoping for some good advice.
I came over to the usa approx dec 02 on the visa waiver programme.
My ex pushed me into overstaying my visa and after 2 years I split with him.
I am still here and want to get legal.
I have a new man and we want to get married but I am worried about us filing as I have already been overstayed for 5 years and am concerned they will deny me based on that.
To make matters worse my passport was lost/stolen a couple of years ago compete with my green visa waiver card.
I thought about going back to england via mexico and then trying to re-enter the country and seeing if I get through as I will have a different passport it might work ? But I also understand that I could get banned for over 10 years.
Please give advice thanks
Angelique
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Old Dec 11th 2007, 2:00 am
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Default Re: Desperately need advice (and spell checker:)

You're story is very similar to this apart from the fact you want to get married...plenty of advice there to help you.

http://britishexpats.com/forum/showthread.php?t=497967
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Old Dec 11th 2007, 2:37 am
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Default Re: Desperately need advice (and spell checker:)

Originally Posted by lovingcalifornia View Post
Hi,
I thought about going back to england via mexico and then trying to re-enter the country and seeing if I get through as I will have a different passport it might work ? But I also understand that I could get banned for over 10 years.
Angelique
Mexico is not an option, especially since you have an easy route to a GC.

Marriage to a USC can erase the overstay, eventually. You can apply for a green card based on your marriage (provided you are in the US) and they will 'forgive' the overstay.

You need to read the rules very carefully, and you might want to consider an attorney. Generally, you cannot apply for a change of status if you are out of status, but their is an exemption for family-based green card applications for spouses and others which you can use.

But you will be out of luck if you leave. The 10 year ban will be in effect regardless of whether you marry.

http://www.immihelp.com/greencard/fa...ons-in-us.html
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Old Dec 11th 2007, 2:50 am
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Default Re: Desperately need advice (and spell checker:)

Originally Posted by penguinsix View Post
Mexico is not an option, especially since you have an easy route to a GC.

Marriage to a USC can erase the overstay, eventually. You can apply for a green card based on your marriage (provided you are in the US) and they will 'forgive' the overstay.

You need to read the rules very carefully, and you might want to consider an attorney. Generally, you cannot apply for a change of status if you are out of status, but their is an exemption for family-based green card applications for spouses and others which you can use.

But you will be out of luck if you leave. The 10 year ban will be in effect regardless of whether you marry.

http://www.immihelp.com/greencard/fa...ons-in-us.html
I assumed he was a USC as well...I changed my post when I realised she didn't actually say.
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Old Dec 11th 2007, 2:51 am
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Default Re: Desperately need advice (and spell checker:)

cool thanks for that anymore advice is appreciated.
ok so the next question is what about if my fiance is disabled and has not been working or filing taxs for the past 3 years, is that where the co-sponser comes in ? Even if he has no income and is not on disability yet then we can have someone co sponser me right and they might still approve it or is that a no go ?

Yes he is a USC....
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Old Dec 11th 2007, 2:55 am
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Default Re: Desperately need advice (and spell checker:)

Originally Posted by lovingcalifornia View Post
cool thanks for that anymore advice is appreciated.
ok so the next question is what about if my fiance is disabled and has not been working or filing taxs for the past 3 years, is that where the co-sponser comes in ? Even if he has no income and is not on disability yet then we can have someone co sponser me right and they might still approve it or is that a no go ?

Yes he is a USC....
I think you should really consult with an immigration lawyer.
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Old Dec 11th 2007, 3:04 am
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Default Re: Desperately need advice (and spell checker:)

I think you should go home and start again ....
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Old Dec 11th 2007, 3:11 am
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Default Re: Desperately need advice (and spell checker:)

but as we all know if I leave then I will probably get banned. I have friends who are willing to help me out if my man can't.
Thanks for advice so far keep it coming
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Old Dec 11th 2007, 3:27 am
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Default Re: Desperately need advice (and spell checker:)

It is illegal (a federal crime) to aid and abet an illegal alien
But very few prosecutions
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Old Dec 11th 2007, 3:59 am
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Default Re: Desperately need advice (and spell checker:)

Originally Posted by lovingcalifornia View Post
cool thanks for that anymore advice is appreciated.
ok so the next question is what about if my fiance is disabled and has not been working or filing taxs for the past 3 years, is that where the co-sponser comes in ? Even if he has no income and is not on disability yet then we can have someone co sponser me right and they might still approve it or is that a no go ?

Yes he is a USC....
If your fiance is a USC, shouldn't he have filed taxes with the IRS even though he didn't work? Did he receive benefits?
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Old Dec 11th 2007, 9:58 am
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Default Re: Desperately need advice (and spell checker:)

Originally Posted by NC Penguin View Post
If your fiance is a USC, shouldn't he have filed taxes with the IRS even though he didn't work? Did he receive benefits?
Yes, he should have, and one of the first things they will ask him for in sponsorship is the last 3 years of taxes to prove he is capable of supporting her. He needs to be at least 150% of the poverty line or so.

Really, this is lawyer time, not just for the immigration paperwork but also the tax issues. If you can't afford one, you can consult some immigration clinics that probably exist in your town for some low-cost or free advice.

This is not a cut and dried case. You really should seek some professional assistance.
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