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Elsie_is_Confused

Illegal/Legal immigrant getting married

By Elsie_is_Confused in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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rebeccajo Grand Master

rebeccajo   14

Posted
Filed: Other Timeline
Posted
Argentinans could at one time use the VWP, not sure when it ended but not recently.

http://buenosaires.usembassy.gov/general_information7.html list all the visa types.

Exactly what i was thinking. He may have come on the VWP.

My comments had nothing to do with him looking for a sucker to marry him when he entered. My comments had to do with the haste in which he initially did things. Had he been on a work visa he would have had a social security number and not needed a TIN.

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thndrdancr Collaborator

thndrdancr   0

Posted
Filed: Country: Guyana
 Timeline
Posted

Wasnt there an amnesty about 5 1/2 or 6 years ago, where illegals could pay the fine and have paperwork filed? I dont know the details of that, but perhaps that was what was "in process'?

Just throwing out ideas.

Sorry, in reading back, I see she said he came June of 2001, so probably didnt apply. Nevermind...

Timeline

May 15th Lake arrived NYC on tourist visa

6-15-05 Flew NCY to "fetch" Lake for visit here

8-17-05 He Proposed!

8-24-05 MARRIED!

9- 1-05 - SENT AOS, EAD, AP, & ETC

9-12-05 NOA1 - FOR I-130, I-145, & AP, EAD

10-5-05 RFE for Birth C. & medical

10-24-05 GOT LEARNERS PERMIT

11-3-05 DRIVERS LICENSE :)

11-16-05 overnited RFE

11-17-05 Rcvd NOA2 for EAD, bio set for 12-5-05

11-25-05 Recvd AOS bio letter, apptmt for 12-14-05

12-5-05 Biometrics (they did BOTH!)

Infopass, got temp EAD, AP no luck

12-6-05 Applied for SSN, not in system

12-10-05 AP finally arrives!

12-11-05 1 year EAD card!

12-23-05 Interview letter arrives! 3-3-06

1-17-06 SSN arrives!!

3-3-06 Interview-APPROVED! Passport stamped :)

3-14-06 Green card arrives!

seldi Proficient

seldi   1

Posted
Filed: AOS (pnd) Country: Argentina
 Timeline
Posted

Sooo, get a good laywer, get married, and apply for adjustment of statuts and pay the hefty fines.

ps: what does this have to do with a K1?

AOS

01-29-07 - marriage

02-07-07 - AOS package mailed to Chicago

02-09-07 - AOS package delivered

02-13-07 - NOA1 date

02-21-07 - Biometrics letter

02-24-07 - NOA1 received

03-01-07 - Biometrics taken

03-15-07 - Transferred to The Sucky/Slow Center (TSC)... to "speed up" processing.

03-17-07 - Transferred notice e-mail

03-20-07 - Received TSC transfer letter

03-21-07 - application pending at TSC e-mail.

05-14-07 - Misinfopass appt. COMPLETE WASTE OF TIME.

06-05-07 - I-131 e-filed

06-11-07 - AP NOA1

07-09-07 - Received weird looking letter for AP, but online status hasn't changed

Last Touch - AOS 3/24, AP 7/03

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JenT Experienced

JenT   0

Posted
Filed: AOS (apr) Timeline
Posted

I guess we're saying is that the facts don't quite add up. Whether it's because you're still learning the right questions to ask and how to convey those answers to have them interpreted by people who are more versed in such matter... or the facts are abiguous because he has chosen to make them so...

Either way, we are just suggesting that you proceed with caution. Those of us who have been here a while (some much more than others!) have seen too many cases/stories of USCs having been taken advantage of.... much to their dismay.

You say that you are ready to move back to Argentina with him, if need be. Is he? Along with all of his dependents?

Jen

Sooo, get a good laywer, get married, and apply for adjustment of statuts and pay the hefty fines.

ps: what does this have to do with a K1?

It has nothing to do with K1. She's just learning and posted in the wrong forum.

Jen

8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

Elsie_is_Confused Rookie

Elsie_is_Confused   0

Posted
Filed: Country: Argentina
 Timeline
  • Author
Posted

He's not crazy about the possibility of moving back, but should the case is that he has to leave the states, then we just will.... Then probably it would be me who would have the drama as I do not even have a passport.... But I guess that would be a lot easier than this....

Boiler Grand Master

Boiler   46,405

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
Sooo, get a good laywer, get married, and apply for adjustment of statuts and pay the hefty fines.

ps: what does this have to do with a K1?

PS What fines?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JenT Experienced

JenT   0

Posted
Filed: AOS (apr) Timeline
Posted
He's not crazy about the possibility of moving back, but should the case is that he has to leave the states, then we just will.... Then probably it would be me who would have the drama as I do not even have a passport.... But I guess that would be a lot easier than this....

Don't know about fines... obtaining a passport is going to be much easier than what you're facing... trust me. But.... consider something seriously: Let's say you do have to move to Argentina... with his dependents in tow... considering the life he's had here, vs what he's going back to... what is the possibility of resentment down the road?

Just looking at this from an outsider's perspective, there are lots of flags being raised. Perhaps some of my own 'jadedness' is rearing its ugly head, but it's something to consider, at least.

Jen

8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

Aussielad Community Regular

Aussielad   37

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

well...i would say if the marriage is ligit and the love is ligit,....marry and file to adjust his status.

Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

Boiler Grand Master

Boiler   46,405

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
Yeah, what fines?? He did mention something about fines and he said he has the money saved for the fines for him and the kids.... when the correct paperwork gets filed...

What kids?

How old?

What correct paperwork?

What fines?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

kitkat1 Experienced

kitkat1   5

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

There are no fines to be paid. If he had qualified for amnesty in 1996 (long since expired), it would have been possible to adjust status and pay a fine. This is no longer the case.

A K1 fiance visa will not solve this situation unless he plans to return to Argentina for his K1 interview. At that time, he would be denied and would have to file a waiver. The very act of leaving the country is what triggers the ban for his illegal presence. This would complicate matters greatly.

The only legal way for him to adjust his status in country is to marry you and for you to file for a spousal visa.

It's not nearly as complicated or confusing as you might think.

Start with the guide here for a spousal visa: http://www.visajourney.com/forums/index.ph...page=i130guide2

Read the official US Department of State site: http://www.travel.state.gov/visa/immigrant...es_1315.html#3d

Read your private messages and my lawyer referral - do a consulation to help you understand the steps and where you may face some problems. From what you have written, you may need a financial sponsor. It would also be wise to marry, establish a married life, joint accounts, joint residence, etc. before you begin the paperwork so you can prove the validity of the marriage.

Waiver approved after 10 months. Did NOT use a lawyer

CDJ Pilot Program Information

I-601 Waiver Guidelines

I-601 Waiver Overview

Hardship Letter Guidelines

Tips for Writing Hardship Letters

Examples of Approved Hardship Letters

Examples of Denied Hardship Letters

You can find me on I2US and FBI

Boiler Grand Master

Boiler   46,405

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
There are no fines to be paid. If he had qualified for amnesty in 1996 (long since expired), it would have been possible to adjust status and pay a fine. This is no longer the case.

Something you thought a 'lawyer'might know?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

kitkat1 Experienced

kitkat1   5

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

There are no fines to be paid. If he had qualified for amnesty in 1996 (long since expired), it would have been possible to adjust status and pay a fine. This is no longer the case.

Something you thought a 'lawyer'might know?

Not sure what you mean.

Since the OP doesn't seem to understand anything about the process, I referred her to an attorney who specializes in overstay situations. My thought is this lawyer can help her understand more.

Waiver approved after 10 months. Did NOT use a lawyer

CDJ Pilot Program Information

I-601 Waiver Guidelines

I-601 Waiver Overview

Hardship Letter Guidelines

Tips for Writing Hardship Letters

Examples of Approved Hardship Letters

Examples of Denied Hardship Letters

You can find me on I2US and FBI

Boiler Grand Master

Boiler   46,405

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

There are no fines to be paid. If he had qualified for amnesty in 1996 (long since expired), it would have been possible to adjust status and pay a fine. This is no longer the case.

Something you thought a 'lawyer'might know?

Not sure what you mean.

Since the OP doesn't seem to understand anything about the process, I referred her to an attorney who specializes in overstay situations. My thought is this lawyer can help her understand more.

Apparently the OP's b/f has a lawyer working on his 'papers.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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