Been in USA since age 6!!

[shelliebell 7]

Hey everyone! I stumbled upon this site, bc i am currently finally filing for my AOS and hired an attorney TODAY!! I have a very complicated story so if anyone can give me any advise i would be eternally greatful, and especially if anyone has been in this situation i would love to know how it turned out~

Ok so I immigrated here to the US in 1994 when i was 6 years old with my parents and two younger sisters. We came here LEGALLY on a B2 visa. Well, Long story short my uncle who is my dads brother became a citizen after marrying my aunt who was a US citizen. He told my dad to move our whole family here bc in south africa it was dangerous, and no work, and blah blah blah. He told my dad that he could find work (my dad has a degree in business) and be sponsored to become permanant residents. So we immigrated. Well my uncle basically conned my family and took all my parents money and put it in a house that we lived in and had it in his name and told my dad that he didnt NEED a Social Security Number... LOL! He is an EFFING LIAR!! My mom didnt believe a word he said and applied for herself and me and my two sisters. We have socials. But my dad never got one and then they stopped letting people apply apparently so for the last 17 years my dad didnt have a social.

well after my mom figured out that my uncle was full of ######, my dad got a good job and applied for some sort of work based GC. Then the company went bankruppt so there went our application. This was when our status fell, and we were then "illegal" bc our I-94s expired. So then it was back to square one. Finally my dad got a good job and they were willing to sponsor our family and so my parents hired an attorney and filed. Well as im sure many of you know how long the wait times are and while filing with the USCIS you have to stay in the country. It was taking way to long though, like a year or something. Eventually it was denied for no responce to a RFE that the ATTORNEY never told my parents about or responded to. My folks sued the firm and won. But had to start alllllll over again with the sponsorship and AOS.

Meanwhile, I was going through school, and living my life, and being a teenager. I met the love of my life at 17 years old. We dated for 9 months and got married 2 months after I turned 18.It was 2006. We filed my I-130 and got approved! Then I got pregnant with my daughter, used our income tax for baby stuff and with only him working we were broke being a 19 and 20 year old with a baby on the way. So for the next few years I started to fill out the forms and get things ready and in the end we would need the money for something else. Then in 2009 I had my son, and then our income was so low we didnt meet the poverty guidelines and my parents were still waiting on their GC and my in-laws said that they would joint sponsor us, but then my father in-law got laid off and they had 3 other kids and we still wouldnt have made the poverty guidelines. Then in 2011 my parents got their GC!! So i was excited to file, but then we unexpectedly got pregnant again~! But my pregnancy was very very hard, they were identical twin girls and we had major problems with their growth and i was probably going to need surgery while pregnant. But alas, they were born in june of 2012 and one had surgery after birth and the other was just fine. My tiny babies survived! So last year I wasnt concerned with immigration, but with my babies and their wellbeing.

2013!! - I litterally just hired my attorney today! Sent through express mail, a list of things he requested and paid him... so now just waiting for him to call and let me know what else to send and what to do from here...

There you have it. I am a legally immigrated, illegal, married to us citizen, we have 4 kids together, love each other and have been married for 7 years on may 26. I have NO drivers license, a ss card that says NOT VALID FOR EMPLOYMENT, and expired i-94, expired passport. Its crazy!! Noone can believe i have been in the country for 19 years of my life and still have NO STATUS.

My worries now are my marriage interview bc we took so long to file, and why we got married in a courthouse, and why my mom didnt attend, im just nervous as hell for this, even though we are 100% legitimitly married. I mean if having 4 kids together and living together doesnt tell you that then idk what does. LOL

Anyway thank you to ANYONE who has read this horribly edited and crappy grammar post ive just written. ANY and ALL comments are MORE than appreciated, any advise words of wisdom or anything would be AWESOME~

Thanks - Michelle =)

[Hilario 13]

Michelle welcome to VJ and good luck on your journey!! I wish you would have found this site before you hired a lawyer, believe me I am a newbie and just filed the I-130 for my wife and stepson in Feb. This site made it very possible to do it on our own, let me tell you there are some very experienced people on this site who go out of their way to help people it's a blessing!!! and the guides are so helpful also, either way I wish you and your family a good journey through immigration process

[Inky 1,110]

Moved from spousal visas to adjustment of status from work student tourist as the OP is applying for adjustment of status and entered the USA via tourist visa

Congrats on the kids and overcoming a whole boat load of trials! Moving your post so you can get some better information for your situation =)

[Andrea&Henry 311]

Wow!!! What a journey! I got a question...you said you did not file the i-130 before because you did not fullfil the requirements of the poverty line....why you just filed with a co sponsor? There are so many people who don't have enough income and file with a co sponsor even with third one, a joint co sponsor. It doesn't have to be a family member, you can also use a friend or a neighbor

[shelliebell 7]

Thank you all!! Inky- Thanks i had no idea where mine fit the best so i just pick the spouse one...lol

I filed my 1-130 in 2006 and i dont think we needed one at that point. But yea I didnt want to use just anyone as a joint sponsor simply bc its a big thing for someone to do and i just didnt want to ask friends...but i see what your saying.

Btw how did you get your interview waived?! and im worried about my interview..lol i take care of alllllll this stuff, hubby just signs and gives me the money..lol he is like totally absentminded and im terrified hes not going to remember important stuff. FOR example, yesterday i sent him to the health dept to get his birth cert and the twins birth cert. He txted me and asked me what hospital they were born in! Ummm, he was there the entire time and when the girls were in the NICU for a month, um WE DROVE THERE EVERYDAY~ LOL he kills me.

[Andrea&Henry 311]

Thank you all!! Inky- Thanks i had no idea where mine fit the best so i just pick the spouse one...lol

I filed my 1-130 in 2006 and i dont think we needed one at that point. But yea I didnt want to use just anyone as a joint sponsor simply bc its a big thing for someone to do and i just didnt want to ask friends...but i see what your saying.

Btw how did you get your interview waived?! and im worried about my interview..lol i take care of alllllll this stuff, hubby just signs and gives me the money..lol he is like totally absentminded and im terrified hes not going to remember important stuff. FOR example, yesterday i sent him to the health dept to get his birth cert and the twins birth cert. He txted me and asked me what hospital they were born in! Ummm, he was there the entire time and when the girls were in the NICU for a month, um WE DROVE THERE EVERYDAY~ LOL he kills me.

In your case, there's no way to get your interview waved because all the things you went through in legal terms. In my case, I came here a year ago with a k1 visa! A k1 visa is for a fiance of an USC living abroad. My now husband sent the petition and after a period of waiting and an interview at my homecountry. Once I got mu visa I moved to the US and got married. One of the "benefits" of the people who's adjusting from a k1 is that you can have your interview wave but there's no way to know until you are notified.

Edited March 13, 2013 by Andrea&Henry

[Andrea&Henry 311]

But dont worry, you have being marry for years and you have 4 kids together...you can't get any legit than that!!! Wowww! I just turn 26 and my husband and I don't have kids yet...it must be hardddd having 4 babies....i admire you

[shelliebell 7]

ooooooh I see now. hmm, i wish that i could just blink and this all be over!! I seriously am no less american than my friends, i am so nervous (even though i shouldnt be) but its terrifying to think if something goes wrong. I couldnt live without my kids and hubby they are my world! And yes it is VERY hard! lol especially since I cant work, and my license has been expired for 8 years so when i drive my kids to the doctor or school or to the park, im constantly scared of getting pulled over and thrown in jail. I havent even been able to go to a bar with friends on the RARE occasion i get a babysitter. IT SUCKS! But idk, at least when i get approved then i will get my 10 year GC instead of that 2 year one. And i plan on applying for citizenship as soon as im eligible. I mean since i have been here for 19 years, you would think that I would meet some sort of requirment to get American citizenship. eh, idk.

[hmh33 117]

From what you've described, your case should be fairly straightforward. Try not to worry too much.

[shelliebell 7]

Oh and btw I turn 25 on friday. =) And for some reason, i cant get pics on here. i choose the pic and it wont upload?!

[tashired 18]

Hi,

Not an expert or anything but even though ur case is eventful the main thing is that you were legally admitted and now you are adjusting, you have been married for a long time plus four kids. I think u should be ok. All the best!

[Villanelle 4,122]

Well first, only K1 fiance visa holders adjusting to permanent residents can be issued GCs with out interviews. Its because the K1 applicant already had an interview in the embassy to get the K1 visa.

The OP does not fall into this category so she will be having a joint interview with her spouse when the time comes.

Secondly- while the OP has endured a tremendous journey- theres no obstacle to overcome from a legal standpoint. Certainly nothing that would require a lawyer. So I agree with the post that said- Im very sorry a lawyer was hired and paid for already.

Theres really nothing complicated about this. From an immigration standpoint- this is really quite common.

Theres no overstay thats not going to be forgiven. Theres no waivers. Theres no serious red flags.

She entered legally. Yes her I94 is expired but it doesnt matter. She should have no problem demonstrating her marriage is in good faith. Shes been married for many many years so she will be granted the 10yr GC. Im sure she has plenty of proof of her relationship.

The only issue USCIS might have is the fact that her parents did apply for her AOS when she was a teen and it was denied because of some mention of a failure to respond to an RFE. She then married a USC promptly after turning 18.

This could look suspicious. However the fact that she did not promptly file for benefits based on that marriage, subsequently had 4 children with the USC, remained married to him for 7 YEARS, through difficult financial and emotional times- proves beyond any doubt the relationship was not benefits based.

Her past attempts at filing for AOS will most likely be brought up, but if the OP goes to the interview prepared- meaning brings proof of the trials and tribulations of the ups and downs of her life from the time she married her spouse- it will be clear to any reasonable person as I stated above- the relationship was not benefit based.

[Andrea&Henry 311]

Oh and btw I turn 25 on friday. =) And for some reason, i cant get pics on here. i choose the pic and it wont upload?!

It must be awful! I'm only have 11 month since I moved to the US and my life got stuck for a few months while I was waiting to adjust! And I was desperate! Can't imagine 18 years.... I couldn't drive (even when I have my venezuelan driver license, I was too scared of driving without a florida license). My husband bought me an SUV as a birthday gift and I need to wait 3 month to be able to drive it :/, cause I didn't want to drive it unless I got my dl. Thank God after my work permit and my SSN arrived by mail I was able to get my florida driver license. You were very very brave all this years! But don't worry you will get your gc without no issues

[Andrea&Henry 311]

I've never live as ilegal before, hopefully never ever! But I met some many people and it's so hard not been able to have a normal, you cannot drive or access to good jobs...it's like being in a prison...but once you have all your paperwork your life will change dramatically and all for good

[shelliebell 7]

Andrea, It is AWFUL! lol I have never known any different though, and through all this ive been trying not to break the law by driving and i have gotten jobs before, but I have to LIVE, and I grew up here, this is my home. If they were to deport me or some crazyness, i literally would not know what to do in south africa. I have some family and friends down there, but here is where i have made my home. I am just ready to go to school and do something with my life other than be a stay at home mom. I am sooo sick of it. I love my kids very, very much. But I WANNA GET OUT OF THE HOUSE!! Also being able to earn more money is going to be better for our kids.

BTW, I spoke with the paralegal a few min ago and she said that I will recieve my work permit within a few weeks of applying. Before I even go to my marriage interview. Pretty excited about that