Experience with EWI?

[Caliborn 0]

I'd like to learn of anyone's experience with marriage and the road to legalization of an EWI. Specifically. . I'd like to know what kind of documentation was required (if it was) to establish the EWI date. It appears steps would be to marry the EWI then file the I-130 and eventually, most likely the I-601? Thanks for sharing.

[kitkat1 5]

I'd like to learn of anyone's experience with marriage and the road to legalization of an EWI. Specifically. . I'd like to know what kind of documentation was required (if it was) to establish the EWI date. It appears steps would be to marry the EWI then file the I-130 and eventually, most likely the I-601? Thanks for sharing.

Caliborn

I'm not sure how you can establish the EWI date other than the word of the person who entered. Beyond that, lack of proof of being in the home country is about the only other thing I can think of.

The process for a spouse is to send in the I-130 petition, once it's approved and an interview date has been set go to home country for visa interview where visa will be denied (if illegal entry was more than 180 days), submit 601 waiver and hardship letter from USC proving extreme hardship if the waiver is not approved, and wait. Check out immigrate2us.net and the 601 forum for more help and guidance.

Good luck.

[diadromous mermaid 36]

I'd like to learn of anyone's experience with marriage and the road to legalization of an EWI. Specifically. . I'd like to know what kind of documentation was required (if it was) to establish the EWI date. It appears steps would be to marry the EWI then file the I-130 and eventually, most likely the I-601? Thanks for sharing.

Caliborn

I'm not sure how you can establish the EWI date other than the word of the person who entered. Beyond that, lack of proof of being in the home country is about the only other thing I can think of.

The process for a spouse is to send in the I-130 petition, once it's approved and an interview date has been set go to home country for visa interview where visa will be denied (if illegal entry was more than 180 days), submit 601 waiver and hardship letter from USC proving extreme hardship if the waiver is not approved, and wait. Check out immigrate2us.net and the 601 forum for more help and guidance.

Good luck.

Right. I think the alien must declare the date of last entry, to the best of his/her recollection. Which brings to mind a hypothetical. Let's say an alien, EWI, enters the USA around early January give or take a day, and leaves approximately one year later. Of course, declaring an overstay of 180-364 days incurs a 3 year bar, but a declaration of 365 days + of unlawful presence would carry a much higher penalty of 10 years. I'm not sure if there are ways for dates which are on the cusp of either a 3 or 10 year bar to be verified, but I sense it might be a case of proving one over the other. For example, and EWI would ahve to prove an unlawful presence of less than 365 days in order to avoid the more rigorous bar of 10 years?.

Edited September 6, 2006 by diadromous mermaid