looking for advise

[Yodrak 7]

rickmt,

On what do you base this opinion? Where is there an immigration status requirement in the laws defining a 'legal' marriage?

Yodrak

My question would be how can there be a legal marriage when he was in the country illigally? It would seem to me that he gave false information when they married making the marriage illegal just like him.

Just my opinion.

[JenT 0]

Someone could be legally married to a USC and still not be permitted to enter the US.

[rickmt 0]

Well Yoda,

I dont think I mentioned anything about immigration in my response.

I stated that he must have given false information when he entered into the marriage thus making it an illegal marriage . Nowhere did I mention immigration.

[Jersey Girl 2]

rickmt, I married my Canadian husband while he was visiting New Jersey. (No visa required.) Yes, his information was recorded for the license, and we had to have a witness swear that he was who he said he was. But there was never any inquiry into his status in the States. Having legal status is not a pre-requisite for getting married.

Which is why women filling their cars always get free marriage proposals from gas station attendents. Illegals working here want to normalize their status by getting married.

We aren't really helping the OP here, but we're touching on the underlying issue regarding all illegals. People are rarely challenged about their status while in the States. We have a free country and don't like the idea of a gestapo demanding to see your papers.

Perhaps if there was an acceptable way to verify status, we'd have fewer problems.

Edited August 17, 2006 by Jersey Girl

[HAPPILY MARRIED 0]

My question would be how can there be a legal marriage when he was in the country illigally? It would seem to me that he gave false information when they married making the marriage illegal just like him.

Just my opinion.

When we got married, I questioned when we obtained our marriage license about him being illegal and we were told the state we live in you do not have to have a SS# to get married. He just had to sign an wavier saying he was not eligible for a SS# We did and our marriage is VERY LEGAL.

Did your husband originally legally enter the US?

No, He entered the US in 2001 illegal so we are not able to AOS. That is why the K-3/CR-1 is so important to us now. Our #1 goal now is to get his status corrected.

[TracyTN 237]

Well Yoda,

I dont think I mentioned anything about immigration in my response.

I stated that he must have given false information when he entered into the marriage thus making it an illegal marriage . Nowhere did I mention immigration.

Yoda.

Actually, in this case, a very appropriate loss of consonants!

[Yodrak 7]

rickmt,

You wrote, "My question would be how can there be a legal marriage when he was in the country illigally? It would seem to me that he gave false information ..."

If the false information was not with regard to being in the country illegally, why did you mention that immigration issue?

Yodrak

Well Yoda,

I dont think I mentioned anything about immigration in my response.

I stated that he must have given false information when he entered into the marriage thus making it an illegal marriage . Nowhere did I mention immigration.

[kitkat1 5]

I stated that he must have given false information when he entered into the marriage thus making it an illegal marriage.

Not sure where you think he would have given false information - states don't require you to provide proof of legal status when you get a marriage license.

Also, perhaps you are not aware that on the I-129F and I-130 forms there is actually a check-box to indicate if the beneficiary entered the country illegally. The petitioner is also required to provide all the correct information regarding entry dates, method of entry, etc. and sign it under penalty of perjury and hefty fines. This way, all of the information is provided up front. The law provides a way for visa overstayers or people with illegal presence to adjust their status. As you now know, there is nothing illegal about a marriage between a USC and an illegal immigrant.

[meauxna 15]

Why are some people advised that they can just adjust status since they're here... even if they are illegal.. "Elsie is confused" was advised to pursue the AOS. What am I missing??

Jen

Jen,

There are two kinds of "illegal".

1-EWI/Entered Without Inspection aka snuck over the border

2-Overstay aka entered on a legal visa but did not leave as agreed

Overstay is generally forgiven for the spouse of a USC. So, if someone has been living in the US without status for any period of time (met a 15 year-er online once) and they file to adjust via marriage to a USC, the slate is wiped clean (as long as they do not leave the us until they have the Green Card).

EWIs specifically may NOT adjust status. They MUST return for a consular process. Many will do the petition filing and not leave the US until called for the interview. At the interview, they are denied due to the illegal entry and they immediately file a waiver. In some countries, these waivers are easily and fairly quickly approved, the visa is issued and the EWI returns to the US with a visa to live happily ever after. This is NOT a shortcut or an easy way out.