AOS THROUGH LPR THEN THROUGH CITIZENSHIP COMPLICATED

[wiggit07 0]

Hello everyone I will try to make my somewhat complicated story brief to see if anyone has experienced anything similar to the situation Me and my wife are going through. Couple of facts first, I am elegible to apply for citizenzhip in may of this year, me and my wife got married in may of last year. My wife has been out of status for about three years.

Heres a brief background story. My wife came in with a tourist visa in 99 and changed her status to student visa which was granted. Then for whatever reason decided to go back to colombia while the f1 was still active. So once she was in colombia and realized that her f1 was about to expire she went to the consulate and asked for an extension to her previous tourist visa (not her f1). This visa was denied by the U.S. CONSULATE in Cali Colombia.

After the visa was denied, she still wanted to come back here, so she came into the U.S. using her sisters passport and visa. So after all this she is out of status.

This is where I come into the picture, we have deciced to attempt to adjust her status with a good immigration lawyer. He has adviced us to file for the I-130 through my LPR status so we can buy some time. After this will hopefully be approved will decided (or more like congress will decided) if we can adjust her status without having to leave the U.S.

I have a couple of questions...First how well does the U.S. government keep track of denied visas in home countries such as colombia. Will they know that her visa got denied in the U.S. consulate in colombia? because if they do not how will they ever know she left the country. is there even a slight chance the government has no record of this denied visa if she was denied before 9/11

Second how long is the wait if she eventually has to go back to colombia to wait for a visa? a couple of months? anyone have any experience on how long this will take?

I think this are all my questions for now, im sure I will be in here more often since we have already or soon will be filing the I-130 if anyone can answer any of the questions above I would appreciated it. Thanks!

P.S. we are residing in new jersey

Edited March 23, 2006 by wiggit07

[desert_fox 32]

Hello everyone I will try to make my somewhat complicated story brief to see if anyone has experienced anything similar to the situation Me and my wife are going through. Couple of facts first, I am elegible to apply for citizenzhip in may of this year, me and my wife got married in may of last year. My wife has been out of status for about three years.

Heres a brief background story. My wife came in with a tourist visa in 99 and changed her status to student visa which was granted. Then for whatever reason decided to go back to colombia while the f1 was still active. So once she was in colombia and realized that her f1 was about to expire she went to the consulate and asked for an extension to her previous tourist visa (not her f1). This visa was denied by the U.S. CONSULATE in Cali Colombia.

After the visa was denied, she still wanted to come back here, so she came into the U.S. using her sisters passport and visa. So after all this she is out of status.

This is where I come into the picture, we have deciced to attempt to adjust her status with a good immigration lawyer. He has adviced us to file for the I-130 through my LPR status so we can buy some time. After this will hopefully be approved will decided (or more like congress will decided) if we can adjust her status without having to leave the U.S.

I have a couple of questions...First how well does the U.S. government keep track of denied visas in home countries such as colombia. Will they know that her visa got denied in the U.S. consulate in colombia? because if they do not how will they ever know she left the country. is there even a slight chance the government has no record of this denied visa if she was denied before 9/11

Second how long is the wait if she eventually has to go back to colombia to wait for a visa? a couple of months? anyone have any experience on how long this will take?

I think this are all my questions for now, im sure I will be in here more often since we have already or soon will be filing the I-130 if anyone can answer any of the questions above I would appreciated it. Thanks!

P.S. we are residing in new jersey

Tell me you are kidding. She entered using her sisters passport and you want to adjust her status?? Are you going to adjust her status using her sisters name??

She is here illegally, and subject to arrest. She should leave as her sister and then you can file whatever for her back in Colombia. You are trying to accomplish fradulent things my friend, and Im not sure that anyone here is going to help you.

What tangled webs we weave!!!! The more illegal acts you commit, the harder it will be for her to di herself out of this mess.

[wiggit07 0]

Hello everyone I will try to make my somewhat complicated story brief to see if anyone has experienced anything similar to the situation Me and my wife are going through. Couple of facts first, I am elegible to apply for citizenzhip in may of this year, me and my wife got married in may of last year. My wife has been out of status for about three years.

Heres a brief background story. My wife came in with a tourist visa in 99 and changed her status to student visa which was granted. Then for whatever reason decided to go back to colombia while the f1 was still active. So once she was in colombia and realized that her f1 was about to expire she went to the consulate and asked for an extension to her previous tourist visa (not her f1). This visa was denied by the U.S. CONSULATE in Cali Colombia.

After the visa was denied, she still wanted to come back here, so she came into the U.S. using her sisters passport and visa. So after all this she is out of status.

This is where I come into the picture, we have deciced to attempt to adjust her status with a good immigration lawyer. He has adviced us to file for the I-130 through my LPR status so we can buy some time. After this will hopefully be approved will decided (or more like congress will decided) if we can adjust her status without having to leave the U.S.

I have a couple of questions...First how well does the U.S. government keep track of denied visas in home countries such as colombia. Will they know that her visa got denied in the U.S. consulate in colombia? because if they do not how will they ever know she left the country. is there even a slight chance the government has no record of this denied visa if she was denied before 9/11

Second how long is the wait if she eventually has to go back to colombia to wait for a visa? a couple of months? anyone have any experience on how long this will take?

I think this are all my questions for now, im sure I will be in here more often since we have already or soon will be filing the I-130 if anyone can answer any of the questions above I would appreciated it. Thanks!

P.S. we are residing in new jersey

Tell me you are kidding. She entered using her sisters passport and you want to adjust her status?? Are you going to adjust her status using her sisters name??

She is here illegally, and subject to arrest. She should leave as her sister and then you can file whatever for her back in Colombia. You are trying to accomplish fradulent things my friend, and Im not sure that anyone here is going to help you.

What tangled webs we weave!!!! The more illegal acts you commit, the harder it will be for her to di herself out of this mess.

Yea, thanks for the notice that shes here illegally I had not noticed that. Oh and also thanks for the moral lesson on how entering with her sisters passport was a bad idea, but so is entering the U.S. through mexico among other ways to enter here illegally. When did I say we were going to adjust her status using her sister's name?

Leave as her sister? isn't that just commiting another "fraudelent" act? How is attempting to adjust her status a fraudulent matter? and what "other" illegal acts are we commiting?

if your going to judge someone at least be smart enough to actually explain what you are acusing us of.....in other words stop being such an a-hole and get your head out of your ###.

[Mr. Big Dog 10,747]

After the visa was denied, she still wanted to come back here, so she came into the U.S. using her sisters passport and visa. So after all this she is out of status.

This ain't simply being out of status. She never had a status to begin with. She's not been admitted to the US. In fact, she's been denied to even apply to be admitted to the US. And then decided to sneak in anyways. Dude, you've got an uphill battle in front of you at best and don't bet on Congress pulling you out of that mess. Ain't gonna happen. Sooner or later, she'll have to leave and it won't be a quick turnaround to come back. Whether you're a US citizen or not.

[desert_fox 32]

Hello everyone I will try to make my somewhat complicated story brief to see if anyone has experienced anything similar to the situation Me and my wife are going through. Couple of facts first, I am elegible to apply for citizenzhip in may of this year, me and my wife got married in may of last year. My wife has been out of status for about three years.

Heres a brief background story. My wife came in with a tourist visa in 99 and changed her status to student visa which was granted. Then for whatever reason decided to go back to colombia while the f1 was still active. So once she was in colombia and realized that her f1 was about to expire she went to the consulate and asked for an extension to her previous tourist visa (not her f1). This visa was denied by the U.S. CONSULATE in Cali Colombia.

After the visa was denied, she still wanted to come back here, so she came into the U.S. using her sisters passport and visa. So after all this she is out of status.

This is where I come into the picture, we have deciced to attempt to adjust her status with a good immigration lawyer. He has adviced us to file for the I-130 through my LPR status so we can buy some time. After this will hopefully be approved will decided (or more like congress will decided) if we can adjust her status without having to leave the U.S.

I have a couple of questions...First how well does the U.S. government keep track of denied visas in home countries such as colombia. Will they know that her visa got denied in the U.S. consulate in colombia? because if they do not how will they ever know she left the country. is there even a slight chance the government has no record of this denied visa if she was denied before 9/11

Second how long is the wait if she eventually has to go back to colombia to wait for a visa? a couple of months? anyone have any experience on how long this will take?

I think this are all my questions for now, im sure I will be in here more often since we have already or soon will be filing the I-130 if anyone can answer any of the questions above I would appreciated it. Thanks!

P.S. we are residing in new jersey

Tell me you are kidding. She entered using her sisters passport and you want to adjust her status?? Are you going to adjust her status using her sisters name??

She is here illegally, and subject to arrest. She should leave as her sister and then you can file whatever for her back in Colombia. You are trying to accomplish fradulent things my friend, and Im not sure that anyone here is going to help you.

What tangled webs we weave!!!! The more illegal acts you commit, the harder it will be for her to di herself out of this mess.

Yea, thanks for the notice that shes here illegally I had not noticed that. Oh and also thanks for the moral lesson on how entering with her sisters passport was a bad idea, but so is entering the U.S. through mexico among other ways to enter here illegally. When did I say we were going to adjust her status using her sister's name?

Leave as her sister? isn't that just commiting another "fraudelent" act? How is attempting to adjust her status a fraudulent matter? and what "other" illegal acts are we commiting?

if your going to judge someone at least be smart enough to actually explain what you are acusing us of.....in other words stop being such an a-hole and get your head out of your ###.

she entered the country illegally. Once you enter illegally, you are barred by law from adjusing your status....enuf?????????

[wiggit07 0]

Tell me you are kidding. She entered using her sisters passport and you want to adjust her status?? Are you going to adjust her status using her sisters name??

She is here illegally, and subject to arrest. She should leave as her sister and then you can file whatever for her back in Colombia. You are trying to accomplish fradulent things my friend, and Im not sure that anyone here is going to help you.

What tangled webs we weave!!!! The more illegal acts you commit, the harder it will be for her to di herself out of this mess.

she entered the country illegally. Once you enter illegally, you are barred by law from adjusing your status....enuf?????????

oh really? seems like you are not very educated in this type of situations, hence why are you even commenting on this thread. I am probably not very educated either, otherwise i wouldn't be asking a question on this forum, but I am 100% positive that theres people out there that have entered here illegally and have adjusted their status by going back to their home country and waiting for a visa something we are prepared to do . At least your doing a fine job of looking ignorant. Keep it up...

Edited March 24, 2006 by wiggit07

[Jasman0717 9]

Way over my head!

[desert_fox 32]

oh really? seems like you are not very educated in this type of situations, hence why are you even commenting on this thread. I am probably not very educated either, otherwise i wouldn't be asking a question on this forum, but I am 100% positive that theres people out there that have entered here illegally and have adjusted their status by going back to their home country and waiting for a visa something we are prepared to do . At least your doing a fine job of looking ignorant. Keep it up...

There is nothing to comment about. There was an LIFE act that expired back in 2000 allowing EWIs to adjust status based upon a visa number being immediately available. This doenst apply to you.

You have an attorney...no need to ask questions here...he knows it all.....DOUBTFUL!!! He will take your money, and tell you the same. You enter illegally, you are ineligible to adjust staus. Read the instructions on the I-485. It spells it out quite clearly, but you can hire an attorney who will tell you the same thing.

Yes, she will have to go back to her home country, and will be denied a visa based upon her illegal presence. Then you start the waiver process, but you will never never never be able to adjust her status as long as she remains in the US. So far she is facing a 10 year bar of rentry. Who knows what else when they realize she entered using someones elses passport.

\

[germangel 0]

I will use this for my new show....

note to self: write script for "Are you serious???"

[Mr. Big Dog 10,747]

I am 100% positive that theres people out there that have entered here illegally and have adjusted their status by going back to their home country and waiting for a visa something we are prepared to do . At least your doing a fine job of looking ignorant. Keep it up...

Going home, obtaining a visa (and a waiver to overcome the obvious inadmissability due to illegal entry & presence) is NOT the same as adjusting status. Adjustment of Status is a process that does absolutely not involve anyone leaving the US. So, maybe, you are getting your terminology a little mixed up.

Once a person enters the country w/o inspection, that person is ineligible to adjust status. There was a window of opportunity back in 2000/2001 (LIFE Act) where EWI's could buy their way out. That window has long been closed. Another one is rather unlikely.

She can return home and apply for a visa. She'll be denied. You can then file for a hardship waiver (I-601) and she'll very likely be able to obtain her visa and return legally. It'll take time and it'll make you lawyer a few bucks. But it can be done.

There, that's the uphill battle I mentioned above.

The Fox is right (damn, did I really say that just now?), she cannot adjust status with USCIS after entering the country w/o inspection.

One more thing: From here on out, play by the rules with the authorities. Otherwise, you may dig yourself and your spouse deeper into that hole you both are already in due to her poor judgement years ago.

Good Luck!

Edited March 24, 2006 by ET-US2004

[frank_cuenca 0]

First of all we are not here to judge people for their immigration status but to help eachother , secondly , our other halfs , or family members are non-American citizens and I'm sure that we'll do anything it takes morally or non-morally , legally or non-legally to have them here next to us because love has no condition nor limits.

I have a question , did you married her using her sister name?

[wiggit07 0]

The Fox is right (damn, did I really say that just now?), she cannot adjust status with USCIS after entering the country w/o inspection.

One more thing: From here on out, play by the rules with the authorities. Otherwise, you may dig yourself and your spouse deeper into that hole you both are already in due to her poor judgement years ago.

Good Luck!

Well the fox is right only due to a technicality. I apologize if i dont have my terminology correct yet. It is upsetting when you are just trying to look for people that might have shared an experience you are going through and all you get in reply is someone giving you a moral lesson with no actualy advice or anything really significant to say.

I understand the uphill battle, but I was looking for somewhat of a timeframe, to see how long this process is going to take. and believe me we will be paying for the poor judgement since it will be 12,000 more in lawyers fees, but I think it will be worth it at the end if we can get her legalized. Thanks for your response.

First of all we are not here to judge people for their immigration status but to help eachother , secondly , our other halfs , or family members are non-American citizens and I'm sure that we'll do anything it takes morally or non-morally , legally or non-legally to have them here next to us because love has no condition nor limits.

I have a question , did you married her using her sister name?

well I was under the impression that this was the purpose of this forum until desert_fox started his little rant.

no, her only mistake has been that she reentered using her sisters passport. She has a social security card ( a good one) under her name, her taxes are under her name. Any document since shes been here is under her name, so i guess to answer your questions yes we married using her name, not her sister's

[desert_fox 32]

I am 100% positive that theres people Once a person enters the country w/o inspection, that person is ineligible to adjust status. There was a window of opportunity back in 2000/2001 (LIFE Act) where EWI's could buy their way out. That window has long been closed. Another one is rather unlikely.

She can return home and apply for a visa. She'll be denied. You can then file for a hardship waiver (I-601) and she'll very likely be able to obtain her visa and return legally. It'll take time and it'll make you lawyer a few bucks. But it can be done.

There, that's the uphill battle I mentioned above.

The Fox is right (damn, did I really say that just now?), she cannot adjust status with USCIS after entering the country w/o inspection.

One more thing: From here on out, play by the rules with the authorities. Otherwise, you may dig yourself and your spouse deeper into that hole you both are already in due to her poor judgement years ago.

Good Luck!

ET knows already...the Fox is always right.

I would say this is not the normal illegal that crosses the border and gets married. Goes home and asks for a waiver of their illegal presence. This is also compounded by the illegal act of using someones elses passport. This in itself is probably a felony. Usually felons serve their sentence once they are convicted, and then removed permanently.

I would doubt that there is any waiver available for this kind of situation. That is why I suggested that she return now under her previous entry, but Im not going to suggest that she lie about illegal presence here in the US.

Congress is in no mood to offer another amnesty, and I dont think that it will ever happen.

[wiggit07 0]

Well it would be a good idea if I explain my lawyers strategy. We are filing for the I-130 now using my permanent residence. If that then is approved (hopefully in a couple of months) We hang back a little bit till november to see if there is a chance that they approve another extension to forgiveness for ewi (according to him congress is in talks, but that doesnt guarantee anything) If no such law appears then the wifey goes back to colombia to apply for a visa there, using my hopefully accepted citizenship. It seems to be a good plan of action, a bit hopefull, but a good plan of action. According to the lawyer ( which in my experience has been reputable since He was the one that adjust my status back in the day) Her stay in colombia should be only a couple of months. I am not entirely sure if this is true, so I was wondering if anyone knows of a timeline in colombia. Thanks !

[scy 0]

Well it would be a good idea if I explain my lawyers strategy. We are filing for the I-130 now using my permanent residence. If that then is approved (hopefully in a couple of months) We hang back a little bit till november to see if there is a chance that they approve another extension to forgiveness for ewi (according to him congress is in talks, but that doesnt guarantee anything) If no such law appears then the wifey goes back to colombia to apply for a visa there, using my hopefully accepted citizenship. It seems to be a good plan of action, a bit hopefull, but a good plan of action. According to the lawyer ( which in my experience has been reputable since He was the one that adjust my status back in the day) Her stay in colombia should be only a couple of months. I am not entirely sure if this is true, so I was wondering if anyone knows of a timeline in colombia. Thanks !

Your wife will stay more than a couple of months in Colombia. K-3 petitions will take at least 4 months to receive an interview. Then the waiver will take another couple months. I would bet on a minimum of 8 months to many years before your wife can make it back to the US, legally.