Long overstay, kids, marriage, AOS

[Brother Hesekiel 2,236]

Why are we talking hardship waivers here for no good reason?

USC marries visa holder, has two kids with her, files for AOS, she gets Green Card. Can it get any simpler?

Edited May 18, 2010 by Just Bob

[Alla 3]

Why are we talking hardship waivers here for no good reason?

USC marries visa holder, has two kids with her, files for AOS, she gets Green Card. Can it get any simpler?

You are very right. Vanessa&Tony brought deportation and ban up. So I didn't want Cullen to be scared/worry about it.

[sachinky 465]

First of all, USA is not India ...

I'm not sure where I implied anything to the contrary.

[VanessaTony 3,567]

You are very right. Vanessa&Tony brought deportation and ban up. So I didn't want Cullen to be scared/worry about it.

I bought deportation and ban up because the RISK exists. However small a risk, pretending everything is rosy is not beneficial to the OP. I never said it WOULD happen but the OP needs to know about the overstay and how much of overstay = a ban.

The OP needs to know that she shouldn't bother applying for AP because she can't use it. She needs to know LEAVING the US before her GC is approved (if approved, nothing is guaranteed) will incur a 10 year ban.

We read about it time and time again when people aren't fully informed and screw themselves over unintentionally.

The OP's case looks fine from everything we've been told but we cannot GUARANTEE anything. Sure, given the statistics, given what we've been reading, I don't see any real issues, but there are a myriad of reasons why things "go wrong".

As for the children being a reason for extreme hardship, they're a REASON but you cannot get it based on children alone. You would need to show why the father can't move with you and the children to the home country of the immigrant etc etc. In the interest of closing this argument: http://www.visajourney.com/forums/topic/316-how-do-i-prove-extreme-hardship/ for anyone interested. Please note that this DOES NOT apply to the OP at the moment but information is power.

----

OP, as I said in my first post:

"She will not be denied because of the overstay itself, that's forgiven on a successful AOS through marriage to a USC. You will need to show proof of a bonafide relationship, and you WILL have an interview."

And I'll add that your case looks like a LOT of other cases here so unless you've done anything extremely bad I don't see any reason why you won't be approved. JustBob adjusted after twice as much overstay and is now in the US legally. If there's proof it can work with no problem he's the proof. But PLEASE be aware of the risks. Be aware that you MIGHT be asked questions, they can't deny you based on it but they MIGHT give you a hard time. Just show lots of proof of your relationship. Start collecting it now, like phone bills with both names (from when it started so years ago), joint bank accounts, health insurance, lease information, bills (like electricity etc), photos, affidavits from family/friends.

Best of luck.

[GabiandVi 34]

As far as USCIS is concerned, having a kid means that you had sex one time and 'bore the fruit of that union' so to speak. That is about it. If that's all that was required, how many people would be willing to churn out kids (protection-less sex with a USC) in order to get a GC, do ya think?

I'm going to have to chime in here. I'm not really addressing this to sachinky, but more to the notion that a child is not proof of a bona fide marriage, a notion I hear more and more on this forum that USCIS holds. I don't know how USCIS views children. But if they think that mixed finances are any more of proof of a bona fide marriage than having a child together, they are dumb fcuking idiots.

If USCIS thinks someone would go to the trouble of having a child with someone, a lifelong tie to that person, but they think that same person wouldn't be willing to mix finances and live with the other person for as long as it takes to AOS, then they are thinking out of their asses.

I'm not saying that a there aren't people like that out there. I've read stories on here that prove that there are. But mixed finances and cohabitation is a lot less of a committment than having sex, AND A LOT EASIER THAN carrying a child for nine months, squeezing it out of your #######, suckling it at your breast, changing it's diapers full of sh!t, supporting it financially, going through the terrible twos, etc. For goodness's sake, I hope there is a little more thought put into things than that when it comes viewing proof of bona fides.

To the OP, your story doesn't even need the twins to show bona fides, but it certainly cements things. As far as USCIS is concerned, unless there is a criminal record, or some other negative factor, all you have to show in your case for AOS is a bona fide marriage and support. Your story certainly sounds like the tale of a bona fide marriage, and having children is further proof of that.

[Used to be broken 147]

Thanks a lot guys for information and advises! Alla, big thanks to you-your posts are very hepful and very informative! I have one more question. My wife didn't use fake ss#, didn't worked illigally, but she did watch one family's kids occasionally for some period of time and they paid her. Do we have to mention this on interview if they'll ask her if she worked while being out of status?

Newbie,

First of all welcome. I always advise anyone with stakes this high.. two kids who could be separated from parents to GET A LAWYER that is a specialist in this. This weeks NY Times had a story about a guy who was detained while waiting for a green card. It appeared to me the couple did everything correctly. Be advised that once they know she is here, it could go either way.

strict reading of VISA rule trips more couples

Edited May 18, 2010 by brokenfamily