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Filed: Country: Albania
Timeline
Posted (edited)

I am new and I am sure this has been covered already so please excuse me.

Complexity- :help:

I have been dating an overstay for the last 6 months who came in to the US 2 years ago through Canada where she held a CLI- green card. She came to Canada 4 months prior to that from Albania via marriage to a friends friend who was a Canadian Citizen. After a few months the man she was going to marry began to beat her so her cousins rescued her from the abusive relationship and arranged for her to temporarily stay with them. That turned into 2 years. She has the divorce papers from the friends friend, her Canadian greencard, passport, and expired tourist Visa (entered through Canada).

She is a Nanny, quiet family oriented and loving in all ways. I decided last month to ask her to marry me. I did this clueless to the road ahead for us.

What is the list of things we need to do now? Where can I marry a person who is currently illegal. Can I? Not trying to get her full citizenship at this point just legal again then go from there.

Thank you in advance for any helps.

Edited by wayofthemaster.com
Posted

You have a very tricky case. I think an attorney would be recommended here. The overstay of her tourist visa is the big problem and it might be best to get professional help. A consultation could be just all that is needed but it is probably best to know your options. Contact several attorneys that specialize in immigration problems and shop around. Ask them if they have ever had a case like this and what was the result.

Good luck.

Filed: AOS (apr) Country: Scotland
Timeline
Posted (edited)
I am new and I am sure this has been covered already so please excuse me.

Complexity- :help:

I have been dating an overstay for the last 6 months who came in to the US 2 years ago through Canada where she held a CLI- green card. She came to Canada 4 months prior to that from Albania via marriage to a friends friend who was a Canadian Citizen. After a few months the man she was going to marry began to beat her so her cousins rescued her from the abusive relationship and arranged for her to temporarily stay with them. That turned into 2 years. She has the divorce papers from the friends friend, her Canadian greencard, passport, and expired tourist Visa (entered through Canada).

She is a Nanny, quiet family oriented and loving in all ways. I decided last month to ask her to marry me. I did this clueless to the road ahead for us.

What is the list of things we need to do now? Where can I marry a person who is currently illegal. Can I? Not trying to get her full citizenship at this point just legal again then go from there.

Thank you in advance for any helps.

First off a two year intentional stay is not an overstay, it is a crime. Plus the fact that she is working illegally.

You should consult an attorney immediatley

(edited for spelling )

Edited by John & Annie

2005 Aug 27 Happily Married

Posted

Talking to a lawyer is good advice.

However: If your future wife entered the country legally, and has an I-94 and expired visa, then in most cases USCIS will forgive her overstay on the tourist visa.

As for where to get married, most places will simply require ID and birth certificate for a marriage license. After you get married you should file for AOS, and make sure that your future wife does not leave the country until she has her green card in hand.

Filed: K-1 Visa Country: Canada
Timeline
Posted

In your case, you should definitely consult with an immigration attorney as there are just too many "specific" situations to your case.

We found an immigration attorney that was willing to give us a 1 hour consultation for $100.00 (with no obligation to hire them after the consultation) which allowed us to ask as many questions as we wanted. We had all our questions answered and then proceeded with our case on our own without an attorney.

Lots of attornies will give you a reduced-rate consultation. Call around to a few and get the best price you can. It might save you a lot of money in the long run, plus you will need to know what your options are in order to proceed with your case.

Good luck.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

Filed: AOS (pnd) Country: Ireland
Timeline
Posted

I am new and I am sure this has been covered already so please excuse me.

Complexity- :help:

I have been dating an overstay for the last 6 months who came in to the US 2 years ago through Canada where she held a CLI- green card. She came to Canada 4 months prior to that from Albania via marriage to a friends friend who was a Canadian Citizen. After a few months the man she was going to marry began to beat her so her cousins rescued her from the abusive relationship and arranged for her to temporarily stay with them. That turned into 2 years. She has the divorce papers from the friends friend, her Canadian greencard, passport, and expired tourist Visa (entered through Canada).

She is a Nanny, quiet family oriented and loving in all ways. I decided last month to ask her to marry me. I did this clueless to the road ahead for us.

What is the list of things we need to do now? Where can I marry a person who is currently illegal. Can I? Not trying to get her full citizenship at this point just legal again then go from there.

Thank you in advance for any helps.

First off a two year intentional stay is not an overstay, it is a crime. Plus the fact that she is working illegally.

You should consult an attorney immediatley

(edited for spelling )

I'm not disputing the fact that a lawyer would be helpful in this case, but why the need to freak this guy out. Both of these situations, the overstay and unauthorized working are potentially solvable as long as she stays in the country. I'm not saying it will be easy and there is of course the chance of denial, but the guy is trying to do the right thing even if his fiancee didn't. Give him hope at least!

AOS

05/26/05: Sent I-485/I-130 & I-765 to Chicago lockbox.

05/27/05: Paperwork received by Douglas!

06/17/05: Check hit bank account.

06/20/05: All 3 NOA's rec'vd! TG!

08/02/05: Biometrics , New Orleans. Pretty uneventful.

08/09/05: EAD Approved!

07/12/06: ......still.........waiting.........

09/26/06: Case Status says interview has been canceled............What interview????

10/23/06: Interview finally scheduled for 12/14/06.

12/14/06: AOS approval pending renewal of Biometrics....Waiting on appt. for ASC!

Will this ever end????

01/17/07: Biometrics scheduled.

02/03/07: Everything complete at our end! Apparently my case file is under somebodys wobbly table leg.

02/27/07: Approval notice finally received by e-mail.....only 641 days!! 1 yr 9 mths!

My little angel, Rachel Erin...born 02/15/07

IM000979.jpg

Filed: AOS (apr) Country: Scotland
Timeline
Posted

I am new and I am sure this has been covered already so please excuse me.

Complexity- :help:

I have been dating an overstay for the last 6 months who came in to the US 2 years ago through Canada where she held a CLI- green card. She came to Canada 4 months prior to that from Albania via marriage to a friends friend who was a Canadian Citizen. After a few months the man she was going to marry began to beat her so her cousins rescued her from the abusive relationship and arranged for her to temporarily stay with them. That turned into 2 years. She has the divorce papers from the friends friend, her Canadian greencard, passport, and expired tourist Visa (entered through Canada).

She is a Nanny, quiet family oriented and loving in all ways. I decided last month to ask her to marry me. I did this clueless to the road ahead for us.

What is the list of things we need to do now? Where can I marry a person who is currently illegal. Can I? Not trying to get her full citizenship at this point just legal again then go from there.

Thank you in advance for any helps.

First off a two year intentional stay is not an overstay, it is a crime. Plus the fact that she is working illegally.

You should consult an attorney immediatley

(edited for spelling )

I'm not disputing the fact that a lawyer would be helpful in this case, but why the need to freak this guy out. Both of these situations, the overstay and unauthorized working are potentially solvable as long as she stays in the country. I'm not saying it will be easy and there is of course the chance of denial, but the guy is trying to do the right thing even if his fiancee didn't. Give him hope at least!

Yes you are right, it is potenially solvable. did not really mean to freak anyone out. It would be lot easier to get married and keep her in the coutnry. I did not realize the unauthorized working was forgivable, on what basis?

2005 Aug 27 Happily Married

Posted
Yes you are right, it is potenially solvable. did not really mean to freak anyone out. It would be lot easier to get married and keep her in the coutnry. I did not realize the unauthorized working was forgivable, on what basis?

Unauthorised work is forgiven in the same way that overstay is.

Filed: Country: United Kingdom
Timeline
Posted
I did not realize the unauthorized working was forgivable, on what basis?

Marriage to a US citizen.

That cures a lot of ills.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Posted (edited)

If anyone is interested read this:

http://www.uscis.gov/propub/ProPubVAP.jsp?...51baa8735f57768

Basically section ( c) states all the reasons why you might be denied AOS. Note the following language:

Who is not allowed to obtain AOS: "an alien (other than an immediate relative as defined in section 201( B ) or a special immigrant described in section 101(a)(27)(H) , (I) , (J) , or (K) ) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States"

Edited by dr_lha
Filed: Country: Albania
Timeline
Posted (edited)

I did not realize the unauthorized working was forgivable, on what basis?

Marriage to a US citizen.

That cures a lot of ills.

Thank you everyone---

so what does she need to have (paperwork) to obtain the marriage license?

I have never been married and am not sure where to go with someone who is not a US citizen. Do we have to go to Tennessee or something? I heard that certain states do not require the SS card. She has her expired I 94, Canadian Green Card, Birth Cert. Divorce papers. ID/passport document.

Also-

She is taken care of by her cousins (food and a room) and the nanny work is no pay busy work for family only (food/shelter) so it should not be any issue and it will not be mentioned during any phase of this long road. We plan to marry and have kids and her job will be full time mom. I feel it is the most rewarding and hardest job in the world.

The USA cannot dictate to me as a citizen that my wife has to work outside my home and I plan to take on the care. Again, I want PR status at the least so we can travel. Later I will do the citizen thing unless it’s better to go for it all now anyway.

We are actually in Love. She was hiding out with family not to avoid the US Gov but since in her mind she had nothing to go back to. As a failed marriage is a shame to her family/society. She is definitely not a complex deviant planner to somehow marry to become a citizen. I have been around more than once and would cut and run if so. This is a simple farm girl who gave up hope on having a family and who cried herself to sleep every night. I am no savior only Jesus is, but He brought us together and slowly life entered each one of us a new. We want kids, I can provide, I am a legal tax paying citizen and want her for my wife and nothing will stop me. If I must live in Albania and farm with her elderly Dad to have a family with her so be it.

I have the right to pursue happiness and the $$ to do so in this great country of materialism.

Edited by wayofthemaster.com
Filed: AOS (apr) Country: Scotland
Timeline
Posted

I did not realize the unauthorized working was forgivable, on what basis?

Marriage to a US citizen.

That cures a lot of ills.

Thank you everyone---

so what does she need to have (paperwork) to obtain the marriage license?

I have never been married and am not sure where to go with someone who is not a US citizen. Do we have to go to Tennessee or something? I heard that certain states do not require the SS card. She has her expired I 94, Canadian Green Card, Birth Cert. Divorce papers. ID/passport document.

Also-

She is taken care of by her cousins (food and a room) and the nanny work is no pay busy work for family only (food/shelter) so it should not be any issue and it will not be mentioned during any phase of this long road. We plan to marry and have kids and her job will be full time mom. I feel it is the most rewarding and hardest job in the world.

The USA cannot dictate to me as a citizen that my wife has to work outside my home and I plan to take on the care. Again, I want PR status at the least so we can travel. Later I will do the citizen thing unless it’s better to go for it all now anyway.

We are actually in Love. She was hiding out with family not to avoid the US Gov but since in her mind she had nothing to go back to. As a failed marriage is a shame to her family/society. She is definitely not a complex deviant planner to somehow marry to become a citizen. I have been around more than once and would cut and run if so. This is a simple farm girl who gave up hope on having a family and who cried herself to sleep every night. I am no savior only Jesus is, but He brought us together and slowly life entered each one of us a new. We want kids, I can provide, I am a legal tax paying citizen and want her for my wife and nothing will stop me. If I must live in Albania and farm with her elderly Dad to have a family with her so be it.

I have the right to pursue happiness and the $$ to do so in this great country of materialism.

Good for you, go for it. Live a good life, be in love and be happy.

Any help we can give is yours for the taking

2005 Aug 27 Happily Married

Filed: AOS (pnd) Country: Germany
Timeline
Posted
so what does she need to have (paperwork) to obtain the marriage license?

I have never been married and am not sure where to go with someone who is not a US citizen. Do we have to go to Tennessee or something? I heard that certain states do not require the SS card. She has her expired I 94, Canadian Green Card, Birth Cert. Divorce papers. ID/passport document.

Look here for marriage license requirements for the different states:

http://www.usmarriagelaws.com/

Usually it's really easy to obtain a marriage license....of course, it's the easiest in Vegas, but since she's illegal, I probably would try to get married somewhere closer to home (why take chances by traveling).

Just make sure to have her file for AOS right after you get married. That's the most important thing, since you want to change her status to legal immigrant as soon as possible.

All the best for the two of you,

CW

AOS timeline:

03/17/06 filed for AOS

03/28-06 touched

04/04/06 biometrics

04/05/06 touched

05/23/06 transfered to CSC

06/17/06 touched

08/16/06 touched

11/20/06 USCIS cust.service started inquiry about case (because it's outside of processing times)

11/30/06 approval e-mail

12/07/06 Greencard in the mail (= 8 months and 21 days for the entire AOS process)

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Filed: AOS (apr) Country: Brazil
Timeline
Posted
Thank you everyone---

so what does she need to have (paperwork) to obtain the marriage license?

I have never been married and am not sure where to go with someone who is not a US citizen. Do we have to go to Tennessee or something? I heard that certain states do not require the SS card. She has her expired I 94, Canadian Green Card, Birth Cert. Divorce papers. ID/passport document.

Also-

She is taken care of by her cousins (food and a room) and the nanny work is no pay busy work for family only (food/shelter) so it should not be any issue and it will not be mentioned during any phase of this long road. We plan to marry and have kids and her job will be full time mom. I feel it is the most rewarding and hardest job in the world.

The USA cannot dictate to me as a citizen that my wife has to work outside my home and I plan to take on the care. Again, I want PR status at the least so we can travel. Later I will do the citizen thing unless it’s better to go for it all now anyway.

We are actually in Love. She was hiding out with family not to avoid the US Gov but since in her mind she had nothing to go back to. As a failed marriage is a shame to her family/society. She is definitely not a complex deviant planner to somehow marry to become a citizen. I have been around more than once and would cut and run if so. This is a simple farm girl who gave up hope on having a family and who cried herself to sleep every night. I am no savior only Jesus is, but He brought us together and slowly life entered each one of us a new. We want kids, I can provide, I am a legal tax paying citizen and want her for my wife and nothing will stop me. If I must live in Albania and farm with her elderly Dad to have a family with her so be it.

I have the right to pursue happiness and the $$ to do so in this great country of materialism.

Congrats on your engagement. Luckily, as others have said, the U.S. gov't will not stop you from marrying your fiance and living with her in the U.S. (if the details you've given us are anything to go on... of course a lawyer's opinion is worth getting).

The documents you will need to get married vary from state to state. You may only need passports, but I don't know where you live. Google the city clerk's office or marriage in your city and usually it's on the website what you'd need to bring. At that point you can start to worry about obtaining her birth certificate, etc., if necessary. Most states don't require SSN to marry, AFAIK.

Nobody in the U.S. gov't will ever require her to work, regardless of her immigrant status.

Here's a quick rundown of what's coming up (and read the AOS guides because they will explain a lot of this): What you will be doing after marriage is filing for Adjustment of Status--that is, applying for a Green Card. At the time you can also apply for work authorization and the right for her to leave the country before her Green Card arrives. She would then get conditional permanent resident status (assuming you file for this before you've been married for two years). Two years after the date she achieves that, she will be eligible for lifting conditions and receiving the 10-year Green Card. Three years after the date she gets conditional permanent resident status, she will be eligible to apply for citizenship.

(She's not yet eligible just through marriage.)

If I have written anything wrong here, someone let me know.

Posted (edited)

They did not care one iota about my status when I applied for the marriage certificate. In fact, I don't think I had to show them any id at all.

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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