i'm totally lost - please help me!

[ionsnewwife 0]

hi all. i'm new to this site, new to the process, new to this situation, really....

my fiance and i met in Februrary (2010) and fell in love quickly. there is no doubt in my mind we were "meant to be." we were engaged by may 4. we're planning a wedding celebration this coming may (2011), but getting very nervous/frustrated with his current status/situation.

ion came here from moldova in november 2007 on a b1/b2 visa that expired in february 2008. but he stayed and worked. he tried to extend his visa to attend college, but ultimately the school told him they couldn't do it. so he continued working instead. he mostly was paid (sporadically) under the table, but did have some earnings that were reported under his business tax id number (though he hasn't paid any taxes that we know of - which is another whole can of worms that we're looking into ). he told me that before we met, he didn't care if he was caught and had $1200 in his account at all times to buy a ticket home if necessary. but now all of that has changed, and he wants to stay here and be a legit resident of the US.

he left his job in april because his boss owes his ~$11K (told you it was sporadic)!! he immediately started at a new place doing similar work and actually getting paid.... but that soon changed.... now that boss owes him several grand as well. we have no official/legal right to fight for that money (that we know of) and we are both sick and tired of people taking advantage of him. he is way too smart and talented for this kind of treatment, despite his poor choices in overstaying his visa.

a few months ago, we spoke to an immigration lawyer who indicated that because he is here in the US and overstayed his visa, he will not be able to file the more commonly used K1 visa.... if he leaves the country to get it, he will receive a 10yr ban. we DEFINITELY do not want that! anyway, we are not at all able to financially support a trip to moldova for him, let alone both of us. instead, we have to wait until we marry, then file for a waiver (i think) to adjust his status and get a temporary green card. that is supposedly the only way to get his overstay "forgiven". then, of course, we have to prove that we are truly in love.

i hope this is all making sense... as i said i am new to all of this, and feeling very confused/overwhelmed!!

i am looking for any advice as to whether we should go ahead and get married now to expedite the process of bettering the situation (and still do our fabulous wedding celebration in may, of course - i am NOT giving that up ). please, please lend me your expertise and advice!! thank you in advance!

[YuAndDan 153]

Best to get married and file an I-130 AND I-485 together to adjust status, in most cases USCIS will forgive the overstay.

GUIDE: http://www.visajourney.com/content/i130guide2

If he leaves the USA and you try for a K-1, he WILL run into a problem with the overstay, and WILL need to file for a waiver, the overstay WILL place a 10 year BAR.

[ionsnewwife 0]

Best to get married and file an I-130 AND I-485 together to adjust status, in most cases USCIS will forgive the overstay.

GUIDE: http://www.visajourney.com/content/i130guide2

If he leaves the USA and you try for a K-1, he WILL run into a problem with the overstay, and WILL need to file for a waiver, the overstay WILL place a 10 year BAR.

THANK YOU

[Harpa Timsah 13,258]

Don't fret. Overstay and illegal work are irrelevant/forgiven for immediate relatives of US Citizens (includes spouse) who entered the US with a valid visa. So you can get married, file for adjustment of status, and that's that. No waiver is needed. He doesn't need a K-1 visa because he is already here. Visas are used to enter countries. Here is the guide:

http://www.visajourney.com/content/i130guide2

You will file a CONCURRENT I-130/I-485 which costs $420 for the 130 and $1070 for the 485. He will also need a medical exam which will be a few hundred dollars depending. The whole process takes 3-4 months.

There is a temporary travel permission document that comes free when bundled with the 485, called Advance Parole (form I-131). You cannot use that because he overstayed his visa, and he will trigger a 10-year ban when he leaves the US. Once he gets his Greencard, however, he can travel again and no ban will be triggered.

Hopefully then he can get a real job that doesn't steal his wages! Good luck.

[Brother Hesekiel 2,236]

+1

[YuAndDan 153]

Don't fret. Overstay and illegal work are irrelevant/forgiven for immediate relatives of US Citizens (includes spouse) who entered the US with a valid visa. So you can get married, file for adjustment of status, and that's that. No waiver is needed. He doesn't need a K-1 visa because he is already here. Visas are used to enter countries. Here is the guide:

http://www.visajourney.com/content/i130guide2

You will file a CONCURRENT I-130/I-485 which costs $420 for the 130 and $1070 for the 485. He will also need a medical exam which will be a few hundred dollars depending. The whole process takes 3-4 months.

There is a temporary travel permission document that comes free when bundled with the 485, called Advance Parole (form I-131). You cannot use that because he overstayed his visa, and he will trigger a 10-year ban when he leaves the US. Once he gets his Greencard, however, he can travel again and no ban will be triggered.

Hopefully then he can get a real job that doesn't steal his wages! Good luck.

GOOD POINT!! DO NOT bother with the I-131 for AP, the overstay will prevent re-entry, so AP is useless.

[caeremonarius 26]

GOOD POINT!! DO NOT bother with the I-131 for AP, the overstay will prevent re-entry, so AP is useless.

That's right, don't file I-131 for Advance Parole, but DO file for I-765 for an Employment Authorization Document (EAD). This will allow him to work legally (and get paid!).

The important thing is to get married ASAP to get the ball rolling. Get married, start collecting information and follow the Guides! Then, when all the dust has settled, you can have your big wedding celebration!

Good luck!

AJ

[katgrl 14]

I concur with Harpa (and everyone else!) It is best to get married ASAP and get the process started. Until you get married and get that packet accepted, he is still deportable. Not saying it will happen, but no need to risk it. There are many people (myself included) that have a civil union and then a wedding later. Best of luck to you! Also, just make sure you get evidence together of a bonafide marriage.

[ionsnewwife 0]

thank you ALL for your insight!!!!!!! it has been SO helpful!! to clarify: none of you are concerned with the timeframe (10 months together to date)? i was told that the timeframe may appear too short and cause us to be denied. but i think we're both able to heartily defend our relationship and provide proof that it's legit and loving... any comments?

[juliava 80]

Falling in love doesn't have timeframes. It shouldn't.

Heck, I read stories on this site about people falling in love and getting married 1 month after arriving in US.

With that said, you shouldn't worry about the length of your relationship. Not even for a second.

Good luck!

[SunDrop 59]

thank you ALL for your insight!!!!!!! it has been SO helpful!! to clarify: none of you are concerned with the timeframe (10 months together to date)? i was told that the timeframe may appear too short and cause us to be denied. but i think we're both able to heartily defend our relationship and provide proof that it's legit and loving... any comments?

The fact that his status expired in 2008 and he's only now getting married is ironically probably helpful. I think length of relationship would only have been an issue if your timeline looked more like: Met in Feb 2010, visa expired April 2010, he proposed May 2010 and we got married 5 days later.

Probably worth getting a couple of notarized affidavits from friends and family that they know you as a couple, etc.

[katgrl 14]

I was going to say exactly what SunDrop did!

[ionsnewwife 0]

Falling in love doesn't have timeframes. It shouldn't.

Heck, I read stories on this site about people falling in love and getting married 1 month after arriving in US.

With that said, you shouldn't worry about the length of your relationship. Not even for a second.

Good luck!

you're so right!! thanks for the vote of confidence!!

The fact that his status expired in 2008 and he's only now getting married is ironically probably helpful. I think length of relationship would only have been an issue if your timeline looked more like: Met in Feb 2010, visa expired April 2010, he proposed May 2010 and we got married 5 days later.

Probably worth getting a couple of notarized affidavits from friends and family that they know you as a couple, etc.

well, at least there's some good news thanks!!

[Amber & Ahmed 133]

Hello, I have been on VJ for only a few months, but from what I seen no matter what you do he is going to get the ban, he overstayed for over 2 years. If I am wrong I look for solid evidence of that. I hate to be the bearer of bad news, but I believe you need more experienced members to help you. Good luck and I wish you both well.

P.S. Where is Loto, sure wish he were here, he would know!

[juliava 80]

Hello, I have been on VJ for only a few months, but from what I seen no matter what you do he is going to get the ban, he overstayed for over 2 years. If I am wrong I look for solid evidence of that. I hate to be the bearer of bad news, but I believe you need more experienced members to help you. Good luck and I wish you both well.

P.S. Where is Loto, sure wish he were here, he would know!

False. He will trigger a ban only and only if he leaves US.