Marrying USC after F1 overstay and working illegally

[newacct 688]

Ask your spouse if she is willing to re-locate to your country...because there's NO OPTION for you...it's been one bad thing after another for you since you entered the U.S.

First of all,...you violated your F-1 visa status...then after that you went working illegally, then you claimed to be a U.S. citizen...so its just been a domino effect that has now caught up to you...

Its best you leave the U.S. as soon as possible...you got your degree from here, that should help you back in your country, but in reality, there's no option for you....

Actually, and ironically, overstaying his status and working illegally are both non-issues for someone applying as the spouse of a U.S. citizen.

It's instead the checking of the wrong box on a form, something so seemingly minor, that causes all these horrible consequences.

[VanessaTony 3,567]

"The narrow exception is in the case of a foreign national, if each natural parent is or was a U.S. citizen, the foreign national permanently resided in the United States before attaining the age of 16, and the foreign national reasonably believed at the time of making such representation that he or she was a citizen."

Hmm....I've never heard this...my Mom was a US citizen and we moved here to the states when I was 6-7 years old...although maybe our case is/was different as me and my dad and my siblings were all foreign citizens, so even though we were living in the States since then we were always on visa (except Mom). So, I guess, never mind...

so when you moved to the US your mum was already a USC? Did you arrive on an immigrant visa? Or what? If you had entered on an immigrant petition you would have been a USC on entry...

[AnotherLostSoul 167]

so when you moved to the US your mum was already a USC? Did you arrive on an immigrant visa? Or what? If you had entered on an immigrant petition you would have been a USC on entry...

She was born here, so she was always a US citizen. Then she married my dad, and they moved to my dad's home country. Then we got born there, and then we were 6 or 7 when we moved here and although I was a kid, and don't know precisely what visa we entered under (I assume some sort of non-immigrant visa otherwise why we would've changed to J2 and H4 later on), but from being older, I know I was on J2, then later on H4. Then F1, and now just got married last year to my husband and did AOS from F1 to GC.

[bigdog 377]

Thanks for re-enforcing my post. Some people just don't understand the circumstances.

:bonk:So many posting that appear to ask and obtain helpful information which appear to me are asking how to commit fraud, irk me also. Glad a fellow LE guy speaks up.

[james&adry 3]

To the OP,

Illegally or not, you came and decided to make the most of your situation. You pay taxes, earned a RN license, and clearly done your HW which most foreigners don't even contribute a qtr of what you did and end up becoming a burden to their spouses and the US Government. I for one admire your spirit and hopefully there is a way. As with the Government there can be a waiver for just about anything so don't give up. These naysayers are being a bit too harsh IMO so GL and prove people wrong. You never know but the dream ACT might help your situation!

:bonk:So many posting that appear to ask and obtain helpful information which appear to me are asking how to commit fraud, irk me also. Glad a fellow LE guy speaks up.

Also when I meant waivers I meant on the military side you can get a waiver for just about anything but I am positive Uncle SAM works the same way judging from my experience!

To the OP,

Illegally or not, you came and decided to make the most of your situation. You pay taxes, earned a RN license, and clearly done your HW which most foreigners don't even contribute a qtr of what you did and end up becoming a burden to their spouses and the US Government. I for one admire your spirit and hopefully there is a way. As with the Government there can be a waiver for just about anything so don't give up. These naysayers are being a bit too harsh IMO so GL and prove people wrong. You never know but the dream ACT might help your situation!

[Darnell 8,479]

I think you're finished with your vacation, and it's time to go home.

So, get a ticket, get on a plane back to your home country, soonish, aye?

When you explain to your father about your decision to flee from university and hide in America, do let us know his reaction, yes?

Thanks so much !

[Sarah Elle-Même 660]

To the OP,

Illegally or not, you came and decided to make the most of your situation. You pay taxes, earned a RN license, and clearly done your HW which most foreigners don't even contribute a qtr of what you did and end up becoming a burden to their spouses and the US Government. I for one admire your spirit and hopefully there is a way. As with the Government there can be a waiver for just about anything so don't give up. These naysayers are being a bit too harsh IMO so GL and prove people wrong. You never know but the dream ACT might help your situation!

Also when I meant waivers I meant on the military side you can get a waiver for just about anything but I am positive Uncle SAM works the same way judging from my experience!

Wow it's like for some people facts just escape them. Don't give this guy false hope. He misrepresented himself to get a job and no doubt obtained other benefits that a citizen enjoys. This is the real issue. It's not negotiable and even if there was a waiver to be filed it would 100% without a doubt be denied. Ignorance of the law is never an excuse for breaking it. Again as Harpah said he's toast. Burnt toast. Hopefully his fiancee loves him enough to move back to his home country with him.

[madtownguy 164]

Just don't worry about it until you need to. You came here legally, and you worked and paid taxes. They will often over look or miss fake social security numbers or things like that. My advice lots of pictures from events and family gatherings. I think it really depends on who does your case. Be happy if they just fine you, they might make you leave for an unknown time period. You are not automatically denied though, I would talk with a lawyer they will tell you it could be up in the air as to the outcome. I would stop doing it and live within the law from now on and hope everything works out ok. Be prepared to take the consequences and move forward.

This may be costly, you might file it yourself but a lawyer is going to have more experience in odd situations. Good luck!

Edited February 14, 2013 by madtownguy

[CC90 90]

She was born here, so she was always a US citizen. Then she married my dad, and they moved to my dad's home country. Then we got born there, and then we were 6 or 7 when we moved here and although I was a kid, and don't know precisely what visa we entered under (I assume some sort of non-immigrant visa otherwise why we would've changed to J2 and H4 later on), but from being older, I know I was on J2, then later on H4. Then F1, and now just got married last year to my husband and did AOS from F1 to GC.

Are you absolutely sure you're not a US citizen? The descent laws have changed a few times over the years, so it might depend on when you were born. But if you were born today in the same circumstances, you would likely be a US citizen by descent from your mother.

Related law:

http://travel.state.gov/law/citizenship/citizenship_5199.html

Edited February 14, 2013 by CC90

[CC90 90]

Just don't worry about it until you need to. You came here legally, and you worked and paid taxes. They will often over look or miss fake social security numbers or things like that. My advice lots of pictures from events and family gatherings. I think it really depends on who does your case. Be happy if they just fine you, they might make you leave for an unknown time period. You are not automatically denied though, I would talk with a lawyer they will tell you it could be up in the air as to the outcome. I would stop doing it and live within the law from now on and hope everything works out ok. Be prepared to take the consequences and move forward.

Please know the facts before giving such advice. Is not a fake SSN number, questionable taxes, etc. There's a VERY specific law that takes away all hope for affirmatively claiming to be a US citizen for any benefit.

It's not the same thing as overstay, illegal work, fake SSN, etc. It's something completely different.

[SAT 9,609]

Reading this thread makes me wonder if the proposed immigration reform would change this particular scenario. (someone claiming to be a citizen).

In my journeys (not visa journey, just journey through life) I came across a case.....similar in situation, different in intent.

A guy is here on overstay, he married a USC and got a 10 yr greencard, he was arrested in 2010 in NYC for peddling. He filed N400 in 2012.. In his booking sheet, the police officer checked the following 3 boxes; Country of Birth "China", Speaks English "no",

US Citizen "yes". Now according to him, the police officer just checked off these boxes without asking him.

So when he went for his N400 interview, that subject came up. He explained that he didn't tell the Police Officer that he was a US Citizen. What I think saved him was that he speaks pretty good english, and on the booking sheet, it says he doesn't. Perhaps the booking sheet's information was discredited by that. And so he was approved for citizenship. But as he waited for his letter of oath, the USCIS requested a second interview.....

that interview date is in the future. So if I hear anything, I'll share it with you guys. Sorry for no "ending" lol

[madtownguy 164]

Yes if he received benefits that would be worse. But from what I understood he got no benefits, they call it the right to work, not the benefit to work. Someone with a fake social is stealing the identity of a US citizen, if I were looking at it that is how I would view it. And it is at the discretion of the person who looks at the case. There are criminals who get to stay here after they spend some time back in their country, I think checking a box it about as minor as it can get. I may have missed that he was on welfare or something, in that case I agree it looks pretty bad. But we need people who want to work hard here, we should be deporting the people on welfare to their own private luxury island.

[CC90 90]

Reading this thread makes me wonder if the proposed immigration reform would change this particular scenario. (someone claiming to be a citizen).

In my journeys (not visa journey, just journey through life) I came across a case.....similar in situation, different in intent.

A guy is here on overstay, he married a USC and got a 10 yr greencard, he was arrested in 2010 in NYC for peddling. He filed N400 in 2012.. In his booking sheet, the police officer checked the following 3 boxes; Country of Birth "China", Speaks English "no",

US Citizen "yes". Now according to him, the police officer just checked off these boxes without asking him.

So when he went for his N400 interview, that subject came up. He explained that he didn't tell the Police Officer that he was a US Citizen. What I think saved him was that he speaks pretty good english, and on the booking sheet, it says he doesn't. Perhaps the booking sheet's information was discredited by that. And so he was approved for citizenship. But as he waited for his letter of oath, the USCIS requested a second interview.....

that interview date is in the future. So if I hear anything, I'll share it with you guys. Sorry for no "ending" lol

This actually is very common, and it's a shame.

My wife (non-USC) was applying for health insurance one time and luckily I happened to be looking at the insurance company employee's computer and noticed that he checked "US citizen" on the form without asking/thinking/etc.

While it's unlikely that that application would have come up in routine dealings with the US government, it's a very dangerous situation nonetheless.

[SAT 9,609]

OP I see that you're in NYC, there's no shortage of immigration attorneys here. But there's also no shortage of shyster attorneys either. So be careful who you talk to. There's a list of the attorneys that have had issues with fraud.......lemme see if I can find it. You wanna make sure your lawyer's name is not on that list.....

This actually is very common, and it's a shame.

My wife (non-USC) was applying for health insurance one time and luckily I happened to be looking at the insurance company employee's computer and noticed that he checked "US citizen" on the form without asking/thinking/etc.

While it's unlikely that that application would have come up in routine dealings with the US government, it's a very dangerous situation nonetheless.

Yes especially on a Police Booking sheet, since that must be presented to the USCIS. And in his case, they noticed that box was checked off.

[SAT 9,609]

http://www.justice.gov/eoir/discipline.htm

Here's that list...