Marrying USC after F1 overstay and working illegally

[AnotherLostSoul 167]

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

Hmm...don't know actually...I was born at the very last year of the 1980s. LOL Didn't give out much information, did? I'll check, but it's actually too late, my Mom passed away a long time ago when I was still a kid. >.< So, it doesn't really matter anymore as she cannot petition and I'm also over 21. o.O

[CC90 90]

Hmm...don't know actually...I was born at the very last year of the 1980s. LOL Didn't give out much information, did? I'll check, but it's actually too late, my Mom passed away a long time ago when I was still a kid. >.< So, it doesn't really matter anymore as she cannot petition and I'm also over 21. o.O

I don't know all of your exact details, but, from the info you provided, you seem like you *already* are a US citizen (no petition, age, etc.). You might have been a US citizen from the moment you were born; not a question of anybody petitioning for you.

Your proof of US citizenship would be your mother's birth certificate, US residency records (to meet the physical presence requirement), and your foreign birth certificate showing your mother's name.

You might be able to apply for a US passport with those documents.

Contact a lawyer or someone experienced and make sure you're not already a US citizen.

[VanessaTony 3,567]

Hmm...don't know actually...I was born at the very last year of the 1980s. LOL Didn't give out much information, did? I'll check, but it's actually too late, my Mom passed away a long time ago when I was still a kid. >.< So, it doesn't really matter anymore as she cannot petition and I'm also over 21. o.O

I agree with CC90. Doesn't matter if she's passed. If you were born a USC she doesn't need to petition you for anything.

[bigdog 376]

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 !

[sum 0]

I knew a friend who was in a similar situation but still went ahead and filed. Luckily the IO asked him a few questions about why he did it but approved it later on. I guess it depends on the adjudicator or the IO

Good luck!

[sum 0]

Hello,

I am glad there are sites like this where everyone helps each other out with useful information that inherently make or break someones future. With that said, I am considering retaining a lawyer, but the financial aspect is what makes me consider other options:

I came into the US 9 years ago under an F-1 Visa and was inspected by immigration on coming in. I went off status a year later due to lack of funds and then went on to enroll in a community college without changing the school formally in my I-20, so I paid in-state tuition. I paid by working at a local pharmacy store under the guise that I was a citizen ( I checked Citizen on my W2). I was able to file taxes as I was issued a social which did say it was not valid for work authorization. Three years ago, I started Nursing school and finished and got an RN license for a state in the East Coast. I have worked and filed takes for over 8 years now. Also, I have not committed any crimes, and have no criminal record. I had to take numerous background checks for my RN degree

Last year, I met a USC and after months of dating, I proposed. We are now living together and about starting the process of the paperwork.

My questions are:

1) I have heard of a $1000 penalty one has to pay for overstay, does it apply? Remember, I entered LEGALLY.

2) This may be a stupid question, but how will immigration know I worked under the guise of a US citizen? How do they check to know? If they do know, how will it affect me? What are they ways around it? I spoke to a lawyer through a free consult and he advised that it could be argued that I would be an upright citizen, for the fact that I paid taxes responsibly.

3) Has anyone with a similar situation filed without a lawyer? What exact paperwork was needed? So far, I see the I-130, Petition for Alien Relative, I-485, Application to Register Permanent Residence or Adjust Status, I-765, Application for Employment Authorization, I-864, Affidavit of Support Under Section 213A of the Act, I-693, Report of Medical Examination and Vacination Record, and G-325A, Biographic Information. Am I missing anything?

4) My fiancee would rather not have a joint bank account at this time, so apart from pictures, the marriage license, email and phone records, what other information is useful to present in providing proof of a legitimate marriage. I am aware that during the interview questions will be asked, which we are more than ready for.

Many thanks in advance for factual answers.

I knew a friend who was in a similar situation but still went ahead and filed. Luckily the IO asked him a few questions about why he did it but approved it later on. I guess it depends on the adjudicator or the IO

Good luck!

[CC90 90]

I knew a friend who was in a similar situation but still went ahead and filed. Luckily the IO asked him a few questions about why he did it but approved it later on. I guess it depends on the adjudicator or the IO

Good luck!

What type of "similar" situation was it?

[sum 0]

What type of "similar" situation was it?

Claiming to be a citizen while on F-1

[CC90 90]

Claiming to be a citizen while on F-1

How did he make the claim?

[Brian&Ivy 1]

i think the main point is.. you claim yourself to be a citizen too many times and you have the citizenship benifits, tax, tuition, job etc. It is OK if you did this once and you hire a lawyer saying it is not your fault.. However, no one is an idiot.

You are different with people out of status, they know they illegal overstay here, they can't go to school just paying in-state tuition, they can't have a paycheck job and just paying a little bit tax.. I think it is hard because being honest is the most important thing here.. So, i would say good luck if you continue to apply for your AoS.

Edited February 15, 2013 by Brian&Ivy

[aaydrian 479]

Above poster is correct. We have seen US citizenship being granted to folks who had falsely claimed citizenship 'accidentally' or could explain away doing it once. But can the OP talk his way out of falsely claiming citizenship 10+ times over a span of about 6 yrs? I think not.

[Darnell 8,478]

thx - come back !!! splain some more, prease?

[krodriguez90 1]

Are the implications the same if you ever claimed to be a LPR in an I-9?

no waiver for this as well?

[giftason80 1]

There is no other information to provide.

USCIS will check a lot of information about you. You selected citizen. You paid taxes on that document. That documentation was sent to the IRS, a government body. They KNOW you falsely claimed to be a citizen. There is no waiver, there are no special circumstances.

Let's assume they don't find out now, you get your GC and eventually citizenship. That citizenship will be revoked if they EVER find out or notice you claimed to be a citizen before you were, and you will be deported.

Applying for immigration benefits puts you on their radar and they will look into it, you will be denied and put in removal proceedings.

If you chose to live illegally, eventually ICE would catch up with you, you would be put in removal proceedings and deported.

As Harpa said - you're toast.

p.s. The attorney that said you paid taxes so you're an "upstanding citizen" is full of #######. You're not a citizen. You're not upstanding because you claimed to be a USC when you're not. Filing taxes would be well and good if you were working illegally but NEVER claimed to be a citizen, but that claim is what screws you.

I suggest you talk to your fiancee about moving to your home country with you.

REALLY???.....WHAT REALLY WARRANT ALL THIS SHITTY TALK!!....like he or she said its not the first time and wont be the last that type would be happening so if you are a offficer or whatever take your comment off this place we are all here to help each other and not put more mess on board...at least she filled taxes!.....but come to think of it that's a real toast! but i believe there is something that can be done.

[christeen 966]

Definetly not a good situation... Although your education and desire to better yourself is a positive personal attribute, the methods you used have created a big mess for you. I would certainly get professional representation moving forward. And I would discuss you fiances reluctance to co mingle finances with you as this might be a sign of trouble to come not to mention if you got the point of proving bonified relationship.