Marry Now or Keep Waiting and Hoping

[Scalpel 14]

I'm thinking if she came in without inspection, then she can leave undetected. There's no paper trail on her since the Government has no idea she's here. Maybe she can leave and have you file a k-1 and bring her over and get married. That route usually takes anywhere from 6 months to a year. That will be better than just waiting and hoping for some kind of an amnesty someday. I'm sure she'll want to drive, get a job and be able to travel outside the U.S. someday. You simply can not get married here and adjust since she has no status to adjust from. Good luck on whatever decision you make.

True, the government probably has no idea she's here. And true, I want her to live a reasonably normal life. And I'd admit that we've considered this option in the past. However, we decided against it for many reasons some of which are:

1. It's inherently dishonest - a fundamental violation of the principles we both hold dear

2. We will have to lie on the initial forms and need to keep that pattern of lie alive in ALL future contacts with immigration

3. We will eventually get caught

4. If she's a US citizen by the time we get caught, her citizenship (and possibly mine) will be taken away, leaving us in a worse situation than we began with

5. Even if we don't get caught, we'd live in perpetual fear of getting caught

Bottom line: not worth it. But thank you for your input.

[Scalpel 14]

Up to the child's 18th birthday, no days of illegal presence are accumulated, so if a child brought here leaves within 180 days after his/her 18th birthday, there will be no bans placed on them to reenter with a proper visa. (They understand that children have no choice). Once they are 18, however, they become responsible for their own actions.

Well, I didn't know that. I stand corrected.

OP- I don't think marrying will kill her chances of being accepted under the Dream Act if it passes ever. Is that in the legislation? I'd look at that hardship waiver (you also have two USC children it seems). I know that is a scary path with no guaranteed success, though. I wish you luck whatever you do.

Well, it's not in the legislation - at least not from what I've read so far. But no law can adequately address every possible scenario, and usually when a situation shows up that is not addressed in an Act of Congress, the USCIS is at liberty to put it's own spin on it.

[Rebecca Jo 1,962]

I'm thinking if she came in without inspection, then she can leave undetected. There's no paper trail on her since the Government has no idea she's here. Maybe she can leave and have you file a k-1 and bring her over and get married. That route usually takes anywhere from 6 months to a year. That will be better than just waiting and hoping for some kind of an amnesty someday. I'm sure she'll want to drive, get a job and be able to travel outside the U.S. someday. You simply can not get married here and adjust since she has no status to adjust from. Good luck on whatever decision you make.

I think you need reported.

[William33 110]

To the OP, you should seriously consider hiring a very competent immigration attorney for your situation.

VJ advice is just that, advice based upon personal experience. Seems most people here have no credible experience with a case like yours. I suggest you make contact with a competent immigration attorney without delay.

I wish you all the best.

William.

[William33 110]

I'm thinking if she came in without inspection, then she can leave undetected. There's no paper trail on her since the Government has no idea she's here. Maybe she can leave and have you file a k-1 and bring her over and get married. That route usually takes anywhere from 6 months to a year. That will be better than just waiting and hoping for some kind of an amnesty someday. I'm sure she'll want to drive, get a job and be able to travel outside the U.S. someday. You simply can not get married here and adjust since she has no status to adjust from. Good luck on whatever decision you make.

Visa Journey does not condone illegal immigration advice or inferences to that end. Please do not offer advice that circumvents proper immigration protocols. This would be characterized as a violation of the VJ terms of service and administrative action on your account will occur if further infractions continue. Last warning w8inglongtime.

Regards,

VJ Moderation Team.

Edited December 19, 2010 by William33

[w8inglongtime 29]

Visa Journey does not condone illegal immigration advice or inferences to that end. Please do not offer advice that circumvents proper immigration protocols. This would be characterized as a violation of the VJ terms of service and administrative action on your account will occur as a result. Last warning w8inglongtime.

Regards,

VJ Moderation Team.

william33, how is me advicing her to go back to her country and come back on a K-1 visa condoning illegal immigration? She came here as a minor and had no hand or say in it. She is an adult now and if she wants to stay in the U.S, she will have to go back to Nigeria and enter the proper route which will be a k-1 or k-2 if they get married. The OP mentioned she came undocumented so if she leaves now she will not be banned since she technically hasn't overstayed any visa. Can you point out where I advised them to break any laws?

[Boiler 45,486]

Can you point out where I advised them to break any laws?

I'm thinking if she came in without inspection, then she can leave undetected. There's no paper trail on her since the Government has no idea she's here.

You also seem confused about the visa options.

[ATPEACE 43]

How did the wife come from Nigeria un-documented. Visa were always required for entry into the Us via airplane/ship. Did she cross over from the Canada border. Was she a stow-away on an airplane or ship. Something doesn't sound logical to me.

[William33 110]

I'm thinking if she came in without inspection, then she can leave undetected. There's no paper trail on her since the Government has no idea she's here. Maybe she can leave and have you file a k-1 and bring her over and get married. That route usually takes anywhere from 6 months to a year. That will be better than just waiting and hoping for some kind of an amnesty someday. I'm sure she'll want to drive, get a job and be able to travel outside the U.S. someday. You simply can not get married here and adjust since she has no status to adjust from. Good luck on whatever decision you make.

The bolded statement is the point of my comment. This violates US Immigration policy and the tenets of Visajourney.

Regards.

[w8inglongtime 29]

I'm thinking if she came in without inspection, then she can leave undetected. There's no paper trail on her since the Government has no idea she's here.

You also seem confused about the visa options.

Boiler, The OP mentioned she came in without documentation which basically means she was not inspected. Now they want to correct mistakes that were made when she was a child. Keep in mind she had no hand in it. If she leaves, there won't be a ban since she hasn't overstayed "her visa" and for the most part no one knows she exists. it will be useless for her to marry here since she has no status in this country. i suggested k-1 which will be a fiance visa so she can come back and get married here. How am I confused?

I'm assuming your feathers were ruffled because I used the sentence she can leave undetected. Poor choice or words, MAYBE but certainly not in an attempt to circumvent the laws that I have followed from day 1.

[Scalpel 14]

I'm thinking if she came in without inspection, then she can leave undetected. There's no paper trail on her since the Government has no idea she's here. Maybe she can leave and have you file a k-1 and bring her over and get married. That route usually takes anywhere from 6 months to a year. That will be better than just waiting and hoping for some kind of an amnesty someday. I'm sure she'll want to drive, get a job and be able to travel outside the U.S. someday. You simply can not get married here and adjust since she has no status to adjust from. Good luck on whatever decision you make.

I think you need reported.

May I ask why?

Visa Journey does not condone illegal immigration advice or inferences to that end. Please do not offer advice that circumvents proper immigration protocols. This would be characterized as a violation of the VJ terms of service and administrative action on your account will occur as a result. Last warning w8inglongtime.

Regards,

VJ Moderation Team.

Well, in all fairness to w8inglongtime, it seems s/he is stating a possible legal solution for any illegal immigrant, which is to self-deport and then reapply for legal entry. Now what's wrong with that? Then the govt won't have to pay for apprehension, detention and deportation. If anything, the USCIS, Sen. McCain, many members of Congress and many immigration advocacy groups all endorse this approach. Granted the OP should have chosen his/her words more carefully but let's not be too quick to condemn his statements especially since it's hard to tell whether he is blatantly encouraging immigration fraud or just being naive.

[William33 110]

She will be asked about her history with the US and immigration when she applies for the CR1. She cannot lie about it, and suggesting that she does is a violation of the VJ TOS.

There's also a good chance the US government has some records to indicate she is here. She's been here since she was 13 years old, and has been here for 15 years. Unless she lived in a remote cabin and never talked to anyone then it's likely that's there's some record of her presence. At the least, she probably attended school here. How would the OP explain the fact that her children were born in the US if she had never been here?

To all that replied, please read the facts provided by Jim.

[w8inglongtime 29]

The bolded statement is the point of my comment. This violates US Immigration policy and the tenets of Visajourney.

Regards.

William33, I have already addressed that sentence. I didn't mean it in the manner you are interpreting. Her folks brought her in "undetected" so she can leave and not trigger any sirens. That's what I was driving at. I've never adviced anyone to blatantly break the laws of this country. Let's not lose sight of the fact that she didn't play any role in this. She was 13 and didn't break any laws on purpose.

[Boiler 45,486]

William33, I have already addressed that sentence. I didn't mean it in the manner you are interpreting. Her folks brought her in "undetected" so she can leave and not trigger any sirens. That's what I was driving at. I've never adviced anyone to blatantly break the laws of this country. Let's not lose sight of the fact that she didn't play any role in this. She was 13 and didn't break any laws on purpose.

I am going to assume you are not being malicious, you just do not understand the process.

She has a 10 year ban, which can be negated with a successful I 601 waiver.

She can not adjust in country, the ban kicks in as soon as she leaves.

Sounds like there is enough to construct a decent waiver.

Or she just stays here under the radar like so many.

[William33 110]

William33, I have already addressed that sentence. I didn't mean it in the manner you are interpreting. Her folks brought her in "undetected" so she can leave and not trigger any sirens. That's what I was driving at. I've never adviced anyone to blatantly break the laws of this country. Let's not lose sight of the fact that she didn't play any role in this. She was 13 and didn't break any laws on purpose.

A great point indeed, however US Immigration policy is what it is. That is why I offered advice to the OP to contact a competent immigration attorney straight away.