What are the risks to "waiting it out"?/not going through the immigration process

[DelicateStom8 0]

Hello everyone and thank you SO much for taking the time to read my question. My partner and I plan to get married. We met with an immigration lawyer about the long process of paperwork, interviews etc. We're second guessing our desire to go through that whole process and are considering waiting things out for immigration law to change and a "pathway to citizenship" where he can become a citizen without leaving the country. My partner entered the USA without inspection over 4 years ago.

My questions are:

1 - After we get married, how soon are we required to submit the I 130 form? Is there a deadline? If not, what happens if we let the deadline pass? Why is there a deadline if there is one?

2- I learned that with a Tax ID number, when we get married he can use it to pay taxes and put him on my health insurance and investments; which is great. SO with this is mind, what risks may we be taking by deciding to "wait it out" and not go through the process? The pros are we can stay together and will not have to go back to his country (yet or ever). But what are we really risking here? So many undocumented workers live in USA for their entire lives without a problem. The TAX ID will solve our issue of his health insurance and retirement benefits. What real risks are there? If deportation in a risk, if it happens, we'll have a longer history of relationship and evidence to fight deportation etc. Why shouldn't we wait it out?

Thank you so much for your help!

~ Delicate Storm8

[LIFE'SJOURNEY 970]

Hello everyone and thank you SO much for taking the time to read my question. My partner and I plan to get married. We met with an immigration lawyer about the long process of paperwork, interviews etc. We're second guessing our desire to go through that whole process and are considering waiting things out for immigration law to change and a "pathway to citizenship" where he can become a citizen without leaving the country. My partner entered the USA without inspection over 4 years ago.

My questions are:

1 - After we get married, how soon are we required to submit the I 130 form? Is there a deadline? If not, what happens if we let the deadline pass? Why is there a deadline if there is one?

2- I learned that with a Tax ID number, when we get married he can use it to pay taxes and put him on my health insurance and investments; which is great. SO with this is mind, what risks may we be taking by deciding to "wait it out" and not go through the process? The pros are we can stay together and will not have to go back to his country (yet or ever). But what are we really risking here? So many undocumented workers live in USA for their entire lives without a problem. The TAX ID will solve our issue of his health insurance and retirement benefits. What real risks are there? If deportation in a risk, if it happens, we'll have a longer history of relationship and evidence to fight deportation etc.

Why shouldn't we wait it out?

Thank you so much for your help!

~ Delicate Storm8

Waiting it out could be another 20 years, if you know anything about American politics; but it's your choice.

[canadian_wife 1,829]

You never HAVE to file the I-130, only if you want to petition for him to get his green card

The risks? Well, immigration reform has been pending for 8 years and still nothing. So you may be in for a long wait. In the mean time, you risk him being caught and deported, his workplace could be raided or someone could report him. Simply being married and having a realtionship does nothing to 'fight the deportation', he still will be deported. This drastically decreases your chances of having any sort of reform benefit you. Also, simple things like speeding tickets, no licence etc also reduces your risk

So yes, there is a risk. Just because he hasn't been caught yet doesn't mean he won't.

Good luck

[yohino 22]

I'm not a 100% certain but if he entered without inspection you will not be able to adjust his status, since he has no status to adjust from.

Applying for a visa at a US Embassy in his homecountry will require him to leave to US, and when doing that he will incure atleast a 10 year ban from the US.

[lance1002 0]

Ok, first was he here before 2000? Before 911 people that came without inspection are still able to adjust. If he came after 911 then you both have no choice but for him to go back to his country. You also have to remember that there is a 10 years ban for staying illegally in the US once he leaves the country.

[belinda63 3,052]

As far as I know he cannot file for a green card without leaving the country since he entered without inspection.

As to "waiting" well he risk arrest, deportation, jail time, he can't work, he can't get a job. So if the thought of your husband being incarcerated and deported doesn't bother you take the risk.

[DelicateStom8 0]

You never HAVE to file the I-130, only if you want to petition for him to get his green card

The risks? Well, immigration reform has been pending for 8 years and still nothing. So you may be in for a long wait. In the mean time, you risk him being caught and deported, his workplace could be raided or someone could report him. Simply being married and having a realtionship does nothing to 'fight the deportation', he still will be deported. This drastically decreases your chances of having any sort of reform benefit you. Also, simple things like speeding tickets, no licence etc also reduces your risk

So yes, there is a risk. Just because he hasn't been caught yet doesn't mean he won't.

Good luck

Thanks for the info - I thought that after you get married you only have a window of time before you can't file the I130 anymore. Despite his status, he managed to get a license and a couple of tickets without any issue (interesting). Thanks again

~ Delicate Storm8

[DelicateStom8 0]

As far as I know he cannot file for a green card without leaving the country since he entered without inspection.

As to "waiting" well he risk arrest, deportation, jail time, he can't work, he can't get a job. So if the thought of your husband being incarcerated and deported doesn't bother you take the risk.

Thanks for your feedback. He works for himself since he arrived and is doing pretty well so work isn't an issue. Arrest..yes, that doesn't sound too good. But so far, no problems. Most nondocumented folks don't get deported OR arrested so sometimes I think we hype up the risk when it may not be as significant as we think. Possible yes, but arrest and deportation, I'm thinking..is unlikely.

~ Delicate Storm8

[DelicateStom8 0]

Ok, first was he here before 2000? Before 911 people that came without inspection are still able to adjust. If he came after 911 then you both have no choice but for him to go back to his country. You also have to remember that there is a 10 years ban for staying illegally in the US once he leaves the country.

Thanks for replying! Our lawyer asked us about that and he doesn't qualify for the adjustment. In terms of choice, there are two. 1 is "waiting it out" and hoping the laws will change for a pathway to citizenship. and 2 going back to his country. I know those two choices already, I'm trying to get feedback on exploring the pros and cons to each. I know about the 10 year band, that why we're considering "waiting it out".

~ Delicate Storm 8

[DelicateStom8 0]

Waiting it out could be another 20 years, if you know anything about American politics; but it's your choice.

YES this is what I'm thinking too. It could be 20 years, but 20 years we can be together without the immigration interview/documentation fests. It sounds good to wait 20 years for the law to change, especially if things continue to be good with no problems and issues. The tax ID actually solves a lot of my major concerns.

~ Delicate Storm 8

[Jadenjewel 9]

As far as I know he cannot file for a green card without leaving the country since he entered without inspection.

As to "waiting" well he risk arrest, deportation, jail time, he can't work, he can't get a job. So if the thought of your husband being incarcerated and deported doesn't bother you take the risk.

Her question was an honest one and many don't know the laws ..your answer was cryptic. If she didn't care she wouldn't ask!

[belinda63 3,052]

Sorry allow me to clarify.

Since he entered without inspection he is not eligible to adjust status from inside the US (as she has already confirmed). He must either wait for immigration reform in the US or return to Mexico and try to obtain a waiver.

While he is in the country he cannot LEGALLY work, obtain a driver's license, or social security card. If he is misrepresenting himself as a US citizen he could incur a lifetime ban.

His risk for "waiting it out" involve the possibilities of arrest, incarceration, and deportation.

It is a legitimate question and I am simply pointing out the options and some consequences of each choice.

[Justine+David 218]

I suggest you go over to immigrate2us.net ; they have similar cases at times and probably could give you some advice.

[canadian_wife 1,829]

You misunderstood what I meant. Having tickets etc may hinder his benefit from any immigration reform.

Good luck

Thanks for the info - I thought that after you get married you only have a window of time before you can't file the I130 anymore. Despite his status, he managed to get a license and a couple of tickets without any issue (interesting). Thanks again

~ Delicate Storm8