Need advice & probably help. Just got a call and am now worried about my new family.

[Hawst 0]

Yes, I am new to this site and all of this. So please bare with me.

Here below, is a summarized version of events: I can backfill and answer any questions for more details to help. Just ask away. Its a lot of information so again, I have tried to summarize the best I can.

First and foremost, I want to say how happy we are. We feel so very blessed to have found each other and could not imagine life without one another at this point literally. Thank you for taking the time to click on this topic to consider my situation. Thank you even more if you are able to help or contribute in any way to helping us find a solution.

I am a 5th Gen citizen in Tx.

Wife came on tourist visa (good for 5 years) - but she says she was told she cannot stay longer than 6 months at a time.

Visited for 2 weeks in Oct 2012 and returned to Colombia

Came again in December 2012 and stayed till we got married about 6 months later. (About a week before 6 months was up)

We also had her son (my stepson) come visit (10 yr tourist visa - good for 6 mo intervals - so I am told) to attend the wedding and he is still with us and now in school here in Tx. So there is that factor as well.

Got pregnant on our honeymoon (of course). June 2013

Just gave birth to our son 1 month ago today. March 2014.

(Note: my wife applied for emergency medicaid assistance to help pay for the cesarean delivery and was accepted about 1 month before delivery as I had exhausted my savings at this point. Our son would not turn in the womb and was at high risk for problems. Very expensive but worth every cent venture. I paid out of pocket for Dr visits and exams every 2 weeks for 8 months with no insurance.

Got a call from a immigration friend that has been handling the processing of our papers for my wife's visa (in the past) - we had planned to use her again for a status change but have procrastinated to do it yet - lots going on with work, nice but not too big family wedding, pregnant & now a beautiful healthy baby here - I know there is no good excuse, but that is why we have procrastinated. I do not have insurance, thus everything has been out of pocket (relocation, wedding, pregnancy, cesarean delivery and so on). So there is some financial strain at this time thus we have been trying getting back on our feet financially.

We were now planning to have her mother come visit us to see her new grandson and had begun to work with the immigration friend we used in the past to get her affairs in order to get her passport, accounts in order (shes old and poor and has never really worked) so we are/were funding that effort.

But, the immigration friend just called is now telling us to STOP that effort immediately that since we have gone over a year (date of entry) without changing status since she entered the US, my wife is illegal and at risk for deportation if she is caught. In my view 1 year will be exhausted in June 2014. And since we were about to have her mother apply for a tourist visa to come visit us, that immigration would pretty much come and deport my wife, stepson and possibly newborn son back to Colombia. Our eyes have never been so open as in the size of tennis balls when she said that. In fact, shes still in the bedroom crying uncontrollably holding our newborn as I type this post.

Now, thats is the scenario; thus I have some questions:

Is that true? Are they at risk?

Is a 5 year (wife) or 10 year (son) visa really only good for 6 months at a time?

Is it true that to change the status of my wife and stepson, it will cost about 2.5k each (5k)??

(I do not have that kind of coin right now)

What should we do?

Is it panic time? Am I or we in trouble with uncle Sam?

Do we have more time to save money to change status or should I be considering ALL options regardless such as selling my possessions to get their status changes filled immediately?

I am new to all of this, so please bare with me. I am completely naive with regards to immigration and I think my lack of experience is heading me & my new family for trouble which is so heavy on my heart.

The back story:

I met my wife in Colombia over 6 years ago. We did not marry in Colombia (we only met there) and continued a loose friendship that grew over 5 years but being from different countries we felt like we could never take things to the next level because "we" felt that you really need to spend a lot of time or live with someone in order to decide that marriage was right for two people.

Fast forward 5 years of friendship, my wife got a tourist visa (good for 5 years) and was traveling to Washington with her university and wanted to meet up. I couldn't get away from work obligations but told her not to worry as I'd make arrangements for time off work and would have her come back to see my home town and meet my family. She came for 2 weeks; my family and I could not get enough of her. We realized we were right for each other but needed/wanted more time. So I had her return a couple months later for 6 months and we got married about a week shy of 6 months and she has stayed.

We now have a newborn son, her stepson and her here. We could not be happier. I have finally found true happiness and love beyond words. My life is full of love and laughter each day and I am now worried that this could all be ripped away from me and I am starting to panic inside.

Can I get things back on track? If so, what am I looking at to do so?

Thank you for your time and best regards,

[Teddy B 17,252]

Are they at risk of deportation? Yes. The chances of that happening however are very slim. You should thank the fine people of Texas for picking up the tab for your stepson to go to school there.

[christeen 966]

Yes, she is vulnerable to deportation. I personally would to be asking to bring her mother over to visit her undocumented daughter (your wife). You need to file for AOS because until you have done that, she is out of status and can be at risk for deportation. I would get that in process before even considering bringing her mother over! What reason wold her mother give the consulate to prove she would return to her country? A tourist visa is a long shot... And could stir up suspicion over her visit since the person she is visiting is illegally present in the USA.

[Boiler 46,179]

Many people are going to have a hard time accepting that you are so naive. But I guess it does not matter.

1. They entered on Tourist Visa's as Tourists as I am sure they both know. Clue is in the name. That does not include living here, or going to School here. I presume you have not paid tuition?

2. Your child is a USC, so not subject to deportation etc, possibly eligible for Medicaid.

3. You are required to have Health Insurance, Obamacare, as is your child. Your wife and step son are not.

4. The chances of MIL getting a tourist visa to visit out of status Daughter and Grandchildren are slim to nil.

5. Not sure who this Immigration person you have been speaking to is, sounds dodgy to say the least. A Notario?

6. As they entered legally you can file to adjust their status, yes it will cost, those numbers seem a bit high. Sounds like you also need a co-sponsor.

7. Does your Step Son have his Fathers permission to immigrate?

8. I do not usually go for Lawyers, but this may be a case for one. Not a Notario.

Edited April 15, 2014 by Boiler

[Hawst 0]

Thanks for all the comments. They are well received. It was asked about tuition being paid for my stepson. First, I have been paying school taxes for 25 years before I had any children. So, I think I am paid up Second, he is going to private school, thus he is not in the public school system. His biological father and I are splitting the costs as he needs to get caught up with language as well as some other subject areas first.

And yes, we have written consent from his father. The relationship is very very good with him. Not a single word of drama between us and him. Hes a super nice guy and very supportive. We are in touch daily and he talks with his son daily via skype.

With regards to the health insurance, we fell into a crack. I am a contractor for IBM. The contracting company went through many changes with regards to carrier, rates etc. Starting this year 2014 we had to choose a new plan. The rates were so high, many dropped out which sent the rates higher, we ended up with a 1290.00 a month rate of which we could not swing for us. I have gotten a quote from one of the OCA exchanges, it was roughly 400 a mo. But, remember this was back at the beginning of the year, a lot was going on with the rollout. Thus I held off as its another expense that we are going to have to fit in as we make lifestyle changes and adjustments. Dont get me wrong, I make a great salary and have the lifestyle and bills to go with it. Its a transition, and we are making progress almost every month. But keep in mind, somethings are financed, leased and mortgaged. Thus some things are just taking longer to "change" in order to reduce debt and obligations to free up cash to pay for everything else. We have done very well overall managing. I just thought we had more time.

And if you guys think this would be a better case for an attorney, can you please explain why? I have no idea how to begin to change status, as we were relying on our friend in the immigration biz.

A little bit about our immigration friend, they worked for the US Govt in immigration for over 40 years and retired about 5 years ago and now have an immigration business to help people immigrate to the USA. They seem nice, genuine and honest, however I had a bit of sticker shock when we were told it would cost about 5k (total) to do the change of status. I just asked my wife and she said the filing fee was about 3k alone and the other 2k was for service. This could all be perfectly inline with market or even cheap, I have no idea. All I know is that is a chunk to come up with at once. I am told that I cannot/should not file for one without the other as it will cause the one that wasn't filed on to become a target for deportation. This is one of the reasons we have put that off as I simply cant cough up the 5k right now. Can I in about 3-5 months? Yes, that was the plan anyways, but I am worried about them getting deported now.

Since they have over stayed, does the price go up?

[Boiler 46,179]

Thanks for all the comments. They are well received. It was asked about tuition being paid for my stepson. First, I have been paying school taxes for 25 years before I had any children. So, I think I am paid up Second, he is going to private school, thus he is not in the public school system. His biological father and I are splitting the costs as he needs to get caught up with language as well as some other subject areas first.

I have Commercial Property and pay an arm and a leg for taxes and I have no children and did not go to school here. Practically it does not matter except he violated his Visa, needs a F1 Student Visa. But if he is staying and adjusting no biggie.

And yes, we have written consent from his father. The relationship is very very good with him. Not a single word of drama between us and him. Hes a super nice guy and very supportive. We are in touch daily and he talks with his son daily via skype.

Good, one less issue.

With regards to the health insurance, we fell into a crack. I am a contractor for IBM. The contracting company went through many changes with regards to carrier, rates etc. Starting this year 2014 we had to choose a new plan. The rates were so high, many dropped out which sent the rates higher, we ended up with a 1290.00 a month rate of which we could not swing for us. I have gotten a quote from one of the OCA exchanges, it was roughly 400 a mo. But, remember this was back at the beginning of the year, a lot was going on with the rollout. Thus I held off as its another expense that we are going to have to fit in as we make lifestyle changes and adjustments. Dont get me wrong, I make a great salary and have the lifestyle and bills to go with it. Its a transition, and we are making progress almost every month. But keep in mind, somethings are financed, leased and mortgaged. Thus some things are just taking longer to "change" in order to reduce debt and obligations to free up cash to pay for everything else. We have done very well overall managing. I just thought we had more time.

Slightly intrigued how you qualified for Emergency Medicaid, but not that relevant. Your wife and step child need to adjust to be eligible for Obamacare. I think you just need to file.

And if you guys think this would be a better case for an attorney, can you please explain why? I have no idea how to begin to change status, as we were relying on our friend in the immigration biz.

Because you and your friend seem so clueless.

A little bit about our immigration friend, they worked for the US Govt in immigration for over 40 years and retired about 5 years ago and now have an immigration business to help people immigrate to the USA. They seem nice, genuine and honest, however I had a bit of sticker shock when we were told it would cost about 5k (total) to do the change of status. I just asked my wife and she said the filing fee was about 3k alone and the other 2k was for service. This could all be perfectly inline with market or even cheap, I have no idea. All I know is that is a chunk to come up with at once. I am told that I cannot/should not file for one without the other as it will cause the one that wasn't filed on to become a target for deportation. This is one of the reasons we have put that off as I simply cant cough up the 5k right now. Can I in about 3-5 months? Yes, that was the plan anyways, but I am worried about them getting deported now.

Sounds cheap, a Lawyer would cost more. Perhaps what your friend actually said was not quite how you reported it. Can not believe he would not know about School and not exceeding your permitted stay.

Since they have over stayed, does the price go up?

The fees, no. If they get picked up, yes.

http://www.txuplc.org/

Makes me wonder what your friend is doing.

[Hawst 0]

Slightly intrigued how you qualified for Emergency Medicaid, but not that relevant. Your wife and step child need to adjust to be eligible for Obamacare. I think you just need to file.

Can not believe he would not know about School and not exceeding your permitted stay.

http://www.txuplc.org/

Makes me wonder what your friend is doing.

Couldn't tell you other than the Dr Office made the suggestion as we were having financial issues. They supplied & assisted with the forms, filed them, we got a letter in the mail. Was pretty simple and it only covered her for the delivery as our son was at risk.

Never implied that the person helping us was not aware of them overstaying. They have stated all the while that we needed to get this done. But had assured us that deportation was something not to really worry about throughout this journey until today. They called and said get it done now. They had another client that is in the process of being deported and she is now in jail, pregnant and married to a citizen. They were saying that the laws were changing so fast and not in our favor. To get on the ball and make every necessary sacrifice and get them filed now. Hence, I came here to validate the urgency due to our procrastination. My naive position, was that once we were married, we had time and it was more of a formality to get their citizenship.

They also were never involved with our sons schooling and are oblivious to his attendance other than he is attending "a" school. Not sure where you are getting to that point. ?

And to the last comment, they are not acting as attorneys, they are an immigration service out of Miami. The owner that worked for our govt, also happens to be a family friend of my wife as they are both from the same cities in Colombia and have mutual friends. The owner immigrated forever ago but still travels between Colombia and the USA often for business.

Thanks

[Harpa Timsah 13,258]

Okay.

Your wife and step son are currently here illegally. You being married to your wife does not protect her from deportation, does not give her any rights, does not make her special. She could be deported any time. Your son is in school illegally. A tourist visa is not for moving to the US and attending school. You can't decide that you paid taxes once so you get to do what you want.

You are not going to file for their citizenship. You need to file to get their permanent residence. They will not be eligible for citizenship. It is important that you know this because if they ever claim to be citizens when they are not, they will be banned from the US for life.

The fee for the wife is $1490 + about $200 for a medical plus incidentals.

The fee for the son can be less depending on his age.

Here is the VJ guide.

http://www.visajourney.com/content/i130guide2

[NigeriaorBust 4,087]

Hopefully neither your wife or son ever claimed to be Us citizens on any of the forms they were helped with,

[Hawst 0]

Okay.

Your wife and step son are currently here illegally. You being married to your wife does not protect her from deportation, does not give her any rights, does not make her special. She could be deported any time. Your son is in school illegally. A tourist visa is not for moving to the US and attending school. You can't decide that you paid taxes once so you get to do what you want.

You are not going to file for their citizenship. You need to file to get their permanent residence. They will not be eligible for citizenship. It is important that you know this because if they ever claim to be citizens when they are not, they will be banned from the US for life.

The fee for the wife is $1490 + about $200 for a medical plus incidentals.

The fee for the son can be less depending on his age.

Here is the VJ guide.

http://www.visajourney.com/content/i130guide2

Got it. And I just for the record, I have been paying school taxes every month for about 25 years. Not just once. Not sure why you point that out.

When you say "They will not be eligible for citizenship. It is important that you know this because if they ever claim to be citizens when they are not, they will be banned from the US for life." Dp you mean until after they get residence? Or do you mean forever, never going to happen? They have never asserted themselves to be citizens.

Thanks for all the info. I am making my notes to try and get this straight. Reading all I can on this.

[Harpa Timsah 13,258]

I mean that if at any time they claim they are citizens before they are, in any way, on any form, and in any capacity, then they will be banned from the US for life.

Residence is not citizenship.

You need to file for their Permanent Residence, which is shown by a Greencard.

Edited April 15, 2014 by Harpa Timsah

[Hawst 0]

Ah ok, got it. No worries there.

[Hawst 0]

I guess the next question is, any recomendations on who to use to file for an adjustment of status? I think you can tell by now, I am not entirely solid on the person we have been using due to the "don't worry so much about that" attitude to calling us today and sounding the alarms to drop everything to get this done today.

We obviously need to get this process in motion, sooner than later, any recommendations that are solid?

I appreciate all of the help thus far,

[Boiler 46,179]

The Laws have not been changed for a long time, some practices have changed recently but that has been to weaken enforcement.

If she gets picked up than the chances of being deported are remote, but they will make you do what you should be doing and the cost will be more, a lot more.

I am worried about this guy, sounds like he is working on your ignorance.

My wife was a DBA, we did it, it is not that difficult. Up to you, just use somebody who does know what they are doing if you farm it out. You still have to fill the forms etc in. I the immigrant did mine, your Wife has the most to lose, could she do it?

[Leatherneck 693]

I guess the next question is, any recomendations on who to use to file for an adjustment of status? I think you can tell by now, I am not entirely solid on the person we have been using due to the "don't worry so much about that" attitude to calling us today and sounding the alarms to drop everything to get this done today.

We obviously need to get this process in motion, sooner than later, any recommendations that are solid?

I appreciate all of the help thus far,

Since extra cash is an issue for you, If you have the time, inclination, motivation, can follow instructions, pay attention to details--the forms really are not difficult to complete. Many VJ members have successfully done all of their immigration forms, from immigrate to permanent resident to U.S. citizen.

Use the guides and always refer to the USCIS website for additional information and understanding.