married mexican in the US who only has border crossing card

[Richard Williamso 0]

On Dec. 21, 2007 I, a US Citizen, married a nice Mexican lady in the US. So I'm trying to fill out all the forms, and learned about the i-94 Visa. She doesn't have one, just came into the US in Feb. 2000 using her Mexican border crossing card. I've since learned this is only for 3 days within 25 miles of the border, so she is "out of status".

So will she have to go back to Mexico, or can she stay while we are waiting for her to become a LPR?

[Lance27 21]

This is just my opinion and I may be wrong... but from what you say it looks like she had no intention to get married when she entered the US. She was paroled into the US by CBP but is now out of status. From what I have read you can file for AOS. However she cannot leave the US or she will have a hard time getting a Visa or CR1 without a waiver.

I know someone will correct me if I am wrong.

Good luck

[Alt name 1]

Richard I had a friend who married a girl here in Houston about 3 years ago, exactly same situation. She crossed at the border with full intention to come to this area where there was a job waiting.

They met a couple of years after she crossed and started working. They waited awhile to file because she was a little scared I think, they both were.

They filed AOS, and they paid a fine, about a thousand bucks or so, (the fine depends on the overstay so please know I dont know exactly what triggered that. Anyway, it took about 18 months but she finally got a 10-year green card a couple of months ago. They have children together, 2 of them. He also got a good immigration attorney I think they paid attorney's fees of about $3,000 dollars, but the attorney took care of everything. Otherwise it was a pretty straightforward case.

The person who posted DONT LEAVE the US was exactly right. She will need to stay put until the case is completed.

Regards,

David and Nitadyah

[rebeccajo 14]

Don't let her leave and speak to a competent attorney who specializes in family-based categories.

[Richard Williamso 0]

Thank you all for your response. I've spent hours reading about this and was very concerned when I read AOS is not allowed for someone who is out of status. However, I did just find the following:

There are very few exceptions to this rule. The first exception that is still currently available is for those individuals who enter the country with inspection (I.E., with a visa) and who marry a US citizen. Such individuals, even after dropping out of status, are still allowed to adjust their status to that of a lawful permanent resident without having to leave the United States.

at http://www.webimmigration.com/us/nonimmigrant.html

I am guessing the reason for the immigration lawyer is to be sure the INS doesn't think she has been working illegally since she has been here 7 years. But she has 2 sons here in Dallas who are LPR and 2 brothers in Arlington who have helped, as well.

But we definitely need to present her case that she did not intend to stay when she came.

By the way, the same website said the $1,000 fine is no longer used, and I think it was intended for those on a B-2 work visa.

So, if we have a convencing story that she came to visit and then had a good reason to not return, and has not worked in the US, is there anything else we should be aware of?

[athena_ny 1]

Thank you all for your response. I've spent hours reading about this and was very concerned when I read AOS is not allowed for someone who is out of status. However, I did just find the following:

There are very few exceptions to this rule. The first exception that is still currently available is for those individuals who enter the country with inspection (I.E., with a visa) and who marry a US citizen. Such individuals, even after dropping out of status, are still allowed to adjust their status to that of a lawful permanent resident without having to leave the United States.

at http://www.webimmigration.com/us/nonimmigrant.html

I am guessing the reason for the immigration lawyer is to be sure the INS doesn't think she has been working illegally since she has been here 7 years. But she has 2 sons here in Dallas who are LPR and 2 brothers in Arlington who have helped, as well.

But we definitely need to present her case that she did not intend to stay when she came.

By the way, the same website said the $1,000 fine is no longer used, and I think it was intended for those on a B-2 work visa.

So, if we have a convencing story that she came to visit and then had a good reason to not return, and has not worked in the US, is there anything else we should be aware of?

B-2 is a tourist visa, not a work visa.

Unauthorized work is forgiven through marriage to a USC as well, so if she worked, you need to disclose it.

The lawyer is so you can consult and if there are any kinks in your case you can decide if you should go with a lawyer or not. Some do, some don't. Most get approved (but I've not seen anyone with a border crossing card, so I'm not sure about that situation.)

There is no 1000 dollar fine anymore.